The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

except that this shall not apply.

1. The summary of the grounds for appeal is that each sentence of the court below (two years of suspended execution, one hundred and sixty hours of community service, two years of suspended execution to six months of imprisonment, and eight hours of community service) is too unfford and unfair;

2. Before the judgment on the grounds for appeal by the ex officio decision-making prosecutor, the lower court ex officio cited the “attached Crime List” in the criminal facts against the Defendants (No. 2, No. 19 of the original judgment), but there is an error of law that affects the conclusion of the judgment by omitting the attached Form and failing to specify the criminal facts. In this regard, the lower judgment cannot be maintained any more.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as shown in the corresponding column of the judgment below, except for the addition of the "attached sheet" omitted in the judgment below as shown in the attached Form. Therefore, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., and Article 30 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act for a suspended sentence (The following consideration shall be given to the circumstances favorable to living together with the reason for sentencing):

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order, the act of arranging sexual traffic does not have a significant social hazard, such as harming the sound sexual culture and good morals by commercializing women's sex, and it is recognized that the operation of, or the participation in, illegal sexual traffic business establishments is in need of a simple and strict punishment against, a person who operates, or took part in, illegal sexual traffic business establishments in order to prevent the spread of the illegal sexual traffic business establishments and to establish a sound sexual culture.