Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months and by a fine of 5,000,000 won.
The above fine shall be imposed on the defendant.
Reasons
1. The main sentence of the appeal is too heavy.
2. There is no room to regard the instant crime as a systematic and planned crime, and the fact that the scale of the crime was not written is disadvantageous to the Defendant.
However, in full view of the following facts: (a) the head of office, not the owner of the business, appears to have been attributed to the owner of the business; (b) the Defendant, as a principal offender, has been divided in depth into his mistake and opened his opening as a principal offender; and (c) the Defendant’s age, sex, environment, motive, means, and result of the crime; and (d) all of the sentencing conditions stated in the records and arguments of the instant case, such as the Defendant’s age, sex, criminal conduct, motive, means, and consequence, the sentence against the
3. The appeal by the defendant is with merit, and the judgment of the court below is reversed, and it is so decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence is as stated in each corresponding column of the judgment below.
Application of Statutes
1. The punishment of the relevant criminal facts, Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Article 30 of the Criminal Act, and Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. shall be concurrently punished by imprisonment with prison labor and a fine;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the range of the aggravated punishment [the scope of the recommended punishment], and the brokerage, etc. of sexual traffic crimes subject to the age of 19 or older (the brokerage, etc. of sexual traffic by business, receipt, payment, etc. of consideration] (1 to 3 years). However, it shall be deemed that the crime of this case does not reach the degree of "long-term or organized crime" as a special aggravated person;
Advertisement or mediation by using a medium with high radio wave;
2. The history of reversal as examined prior to the decision of sentence, and the age, sex, environment, and motive of committing the crime.