The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 5 million, KRW 1350,000,000) is too unreasonable.

2. The crime of this case is likely to harm a sound sexual culture and good morals, and thus, requires strict punishment as it is highly harmful to society, and the fact that the defendant has been punished several times due to the crime of this species, etc. is disadvantageous to the defendant.

However, the fact that the Defendant recognized the crime of this case, the running period of the instant sexual traffic business establishment is relatively short, and the Defendant did not have any criminal record of the same kind, the Defendant is not in a very high state of health due to hearing impairment and public yellow disorder, and the right eye of the rare disease is almost rare due to rare disease, and the fact that the Defendant is a recipient of basic living benefits and is extremely difficult to economic situation at the cost of hospital expenses, etc. is favorable to the Defendant.

In full view of the above circumstances and other sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means, and consequence, the lower court’s punishment is somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted 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., concerning facts constituting an offense, and Article 19 (2) 1 of the same Act (generally, selection of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The order of provisional payment;