The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal is too unreasonable for the lower court’s imprisonment (eight months of imprisonment).

2. The judgment of the defendant was sentenced to a suspended sentence due to the violation of the Immigration Control Act, and again committed the crime of this case during the suspended sentence period. In particular, some of the crimes of this case were committed while the defendant was under criminal trial due to the violation of the Immigration Control Act, and there is a high possibility of criticism that the defendant committed the crime of this case, and that the operating period of the massage procedure of this case is close to six months and four or more illegal aliens were employed are disadvantageous

However, in full view of all the sentencing conditions, including the fact that the Defendant recognized the instant crime, the Defendant appears to have repented his mistake in depth without being detained for more than five months up to now, the Defendant disposed of the instant massage practice to a third party, and the detention of the Defendant brought about an excessive difficulty to his dependants, such as the background of the instant crime, the method and consequence of the instant crime, and the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

Except for deletion of four criminal records of the first head of the crime, the summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 87 (1) 2, Article 82 (3), and Article 33 (2) of the Medical Service Act (generally, the establishment of a massage practice center) on criminal facts, Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the Immigration Control Act (which means the employment of foreigners in illegal sojourn), and each choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;