The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is too unreasonable that the lower court’s imprisonment (two years of imprisonment, two years of suspended sentence, eight million won of fine, and two years of probation) is too unreasonable.

2. Before the judgment on the grounds of appeal on the grounds of appeal is examined ex officio, and the prosecutor applied for changes in indictment as stated in the facts charged below, and this court permitted changes in indictments as stated in the following facts. As such, the judgment below, based on the facts charged prior to the change, cannot be maintained as it is.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is again ruled as follows after hearing.

Punishment of the crime

On June 28, 2012, the Defendant was issued a summary order of a fine of eight million won for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. in the Incheon District Court's branch office on June 28, 2012, and the said summary order became final and conclusive on August 15, 2012.

From June 29, 2012 to August 21, 2012, the Defendant operated a sexual traffic business establishment with the trade name “C” from 5th floor of Bupyeong-gu Seoul Special Metropolitan City B building from 2012, and provided four rooms, three surface rooms, one waiting room for female employees, etc. in which shower facilities and the bedrooms are installed, and employed D and non-regular female employees over the said period.

On June 29, 2012, the Defendant: (a) received KRW 110,00 in return for sexual traffic from a male guest who was found in the above place of business on June 29, 2012, in return for sexual traffic; (b) assisted the sexual traffic by having female employees flick the above male guest, and sexual intercourse; and (c) from August 21, 2012, until August 21, 2012, the Defendant received 37 male descendants for 33 times as shown in the annexed crime list from the male descendants to 4,240,00 won in return for sexual traffic, and arranged the sexual traffic.

Summary of Evidence

1. The defendant's oral statement at court below 1.1.