The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for six months.

However, the defendant.

1. The summary of the grounds for appeal (for defendant A, two years of probation, probation, community service, confiscation and collection, 4,9850,000 won, 2 years of probation, 240 hours of probation, 29850,000 won of confiscation and collection, 2 years of probation, probation, community service, 120 hours of probation) are too unreasonable.

2. Determination

A. The fact that Defendant A recognized a crime and reflected his mistake is favorable to Defendant A.

However, the crime of this case is a serious criminal that harms the sound sex culture and good morals, the defendant A led the crime of this case as the operator of the marina business establishment of this case, and the defendant A had been punished several times of the same kind of crime, etc., considering the circumstances unfavorable to the defendant A, and there is no special circumstance or circumstance that may be newly considered in sentencing after the decision of the court below, and there is no change in the circumstances that may be newly considered in sentencing, taking into account the following circumstances: the defendant A's age, character and behavior, environment, motive and circumstance of the crime, means and method of the crime, and the circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is excessively unreasonable.

Therefore, Defendant A’s assertion is rejected.

B. The instant crime committed against Defendant B is a serious criminal who is detrimental to the sound sexual culture and good morals, and Defendant B has been punished twice due to the same criminal act (one time of suspended sentence of imprisonment and one time of fine), etc. that is disadvantageous to Defendant B.

However, Defendant B did not focus on the degree of participation in the instant crime as an employee of the Marina business establishment of the instant case; Defendant B had no record of punishment for more than ten years since he was punished for the same kind of crime in 2001 to the present day; Defendant B had a profound reflection on his mistake; and Defendant B has a profound reflection on his own mistake; and Defendant B’s other factors are considered as favorable circumstances in favor of Defendant B.