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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in the lower court’s punishment (one year of imprisonment, two years of suspended sentence, protection observation, community service hours, additional collection of KRW 80 hours, KRW 34,435,80).
The main purpose is that the amount of additional collection is too high in light of the payment of rent, public imposts, etc., and community service time is too excessive because the workplace is living.
2. Determination
A. It is recognized that the Defendant led to confession and reflects the instant crime.
B. However, the defendant has set up a marina business establishment, equipped with a string and necessary collection, and arranged commercial sex acts closely. The crime is not good, the act of arranging commercial sex acts is highly harmful to society by commercializing women's sex, such as harm to the sound sex culture and good morals, etc., the defendant has been punished for the same crime twice, the money and valuables or property acquired from the crime of arranging commercial sex acts shall be confiscated as necessary by the law, and if confiscation is not possible, the equivalent amount shall be collected from the court. Thus, in calculating the amount of the additional collection, expenses such as rents or public charges, etc. paid by the defendant to operate the above business establishment are not subject to deduction from the court. Since there is no special change of circumstances after the decision of the court below was made, the defendant's age, background of the crime, circumstances after the crime, etc. are considered in light of the above circumstances, and even if the above circumstances are considered as favorable to the defendant, it cannot be determined that the court below is improper.
Therefore, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.