The defendant's appeal is dismissed.

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is unreasonable. It is too unreasonable that the sentence of the court below (one year of imprisonment, two years of suspended execution, confiscation, additional collection, 50,019,230 won, observation of protection, community service 320 hours) is too unreasonable.

2. Determination

A. Based on the statutory penalty, the sentencing is determined within a reasonable and appropriate scope by comprehensively taking into account the factors constituting the conditions for sentencing as stipulated in Article 51 of the Criminal Act, based on which our criminal litigation law, which takes the trial-oriented principle and the principle of directness, has a unique area for the first deliberation of sentencing.

In addition, considering these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of the first instance falls within the reasonable scope of the discretion of the appellate court, it is desirable to refrain from rendering a sentence that does not differ from the first instance court on the sole basis of the fact that the sentence of the first instance falls within the reasonable scope of the discretion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The scope of the recommendation of the sentencing guidelines set by the Supreme Court sentencing committee is as follows.

In regard to the crimes of violation of the Act on the Punishment of Acts, Including Arrangement, etc. of Commercial Sex Acts (referring to brokerage, etc. of commercial sex acts), the aggravated area (one to three years) of the two types of commercial sex acts (referring to brokerage, etc. of commercial sex acts by business and receipt, etc.) (one to three years), [Special Sentencing Persons] of the Act on the Punishment of Acts, such as Advertisement or Mediation, etc. of Commercial Sex Acts by Using high radio media, and the violation of the Act on the Protection of Educational Environment, there is no sentencing guidelines. Therefore, the lower limit of the above recommended sentence shall apply.

(c)

The court below shall make the sex commercialization and harm the sound sexual culture and good morals, etc. to the society.