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All the judgment below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. Regarding Defendant (i) mistake of facts and misapprehension of legal principles, ① habitually indecent act, Defendant 1’s habitual indecent act is habitually indecent act as indicated in the judgment of the court below, there is no indecent act committed against the victim V on December 24, 2014, and Defendant 29 on December 23, 2014, and Defendant AD’s forced indecent act on December 29, 201, as indicated in the judgment of the court below (the Defendant asserted to the effect that he did not have any criminal intent to commit an indecent act as to all of his habitually indecent act, and limited the above part in the summary of his oral argument as of April 6, 2017). ② In relation to the brokerage of sexual traffic, there is no difference between employees and employees in return for payment from many unspecified customers, and there is no help for Defendant to commit such act.
See The sentence sentenced by the court below to the defendant (8 months of imprisonment of the first instance court, 4 months of imprisonment of the second instance court) is too unreasonable.
B. According to the prosecutor’s (i) misunderstanding of the facts and the evidence of the misapprehension of the legal doctrine, the defendant may recognize the fact that the defendant had an employee sexual intercourse with customers and engaged in commercial sex acts, such as brokerage, etc. for business purposes. Even if the number of times was limited to 1-2 times, the court below may recognize the business nature along with the act of arranging sexual sex acts
Nevertheless, the court below found the defendant not guilty of this part of the facts charged.
The sentence sentenced by the court below to the defendant is too unfortunate and unfair.
2. After completing a separate hearing against the defendant at the court of original judgment Nos. 1 and 2, the court of original judgment rendered a judgment ordering the defendant to be sentenced to imprisonment with prison labor for 8 months and imprisonment for 4 months, and the defendant filed an appeal against each of the above decisions, and the court of original judgment rendered a decision to jointly deliberate each of the above appeals cases.
Each crime of the lower court against the Defendant.