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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with labor for not more than six months (two years of suspended sentence) and the fine not exceeding five million won imposed on Defendant B, which the court below sentenced against Defendant A, are deemed to be undue.
2. As to the grounds of appeal, Defendant A’s acquisition of a e-mail card and use it 21 times or more within a short time, which does not form the framework, and, in particular, the nature of the crime such as engaging in sexual traffic over three occasions, etc., which has been punished several times due to fraud, etc., Defendant A did not agree with the victim or recover from damage; Defendant B did not commit the crime by engaging in commercial sex acts such as arranging sexual traffic while operating a massage place with a considerable size of facilities and operating it; and Defendant B did not seem to be disadvantageous to the Defendants.
On the other hand, Defendant A has no record of punishment except for fines, confessions all of the crimes, reflects the wrongs through the prison life in remaining 2 months, the acquired amount is not more than KRW 2.6 million, Defendant B is a primary offender who has no record of punishment, the confessions all of the crimes, the state of health as a visually impaired, the operation of the massage procedure is not good, and the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the following: (a) the operation of the massage procedure is limited to the business of the massage procedure; and (b) the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the age, character and behavior, environment, motive for the crime, and circumstances after the crime, etc., are examined; (c) the sentence imposed by the court below against the Defendants is appropriate and it is not unreasonable to determine the sentence.
3. In conclusion, the prosecutor's appeal against the defendants is without merit. Thus, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, the rules on criminal procedure.