The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized No. 1.

1. The decision of the court below (the imprisonment of one year and six months, confiscation, additional collection of 17830,000 won) is too unreasonable.

2. We examine ex officio the Defendant’s grounds of appeal prior to the judgment on the grounds of appeal.

Of the facts of the lower judgment against the Defendant, the punishment shall be determined within the scope of the term of punishment, which is necessary to be mitigated pursuant to Article 32(2) of the Criminal Act, as the case constitutes an aiding and abetting 203 case, among the facts of the crime committed by the lower court against the Defendant. The lower court erred by omitting the mitigation of aiding and abetting and determining the punishment by omitting it.

In this respect, the part of the judgment of the court below against the defendant can not be maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the part of the judgment of the court below against the defendant is reversed and it is again decided as follows.

[Judgment used again against the defendant] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the corresponding part of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic concerning facts constituting an offense, Article 19 (2) 1 of the same Act, Article 30 of the Criminal Act, Article 19 (2) 1 and Article 32 (1) of the Act on the Punishment of Acts, Including Arranging Sexual Traffic, Etc. (the occupation of aiding and abetting the brokerage of sexual traffic, the choice of imprisonment, etc.)

1. Article 32 (2) and Article 55 (1) 3 of the Criminal Act to be legally mitigated [Article 32 (1) and Article 55 (1) 3 of the same Act [Article 32 (2) of the same Act to aid and abetting a person in violation of the Act on the Punishment

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 48(1)1 of the Criminal Act for forfeiture, and Article 25 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts;

1. The Act on the Punishment of Acts, such as arranging sexual traffic;