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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
Summary of Grounds for Appeal
Defendant
1) misunderstanding of facts or misunderstanding of legal principles (the point of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.) all the evidence submitted by a prosecutor was consented to the evidence submitted by a prosecutor. However, this is not the purpose of recognizing the credibility of evidence since it consented to the effect that there is no problem in the establishment of documents submitted by a prosecutor, and the books seized by an investigative agency are merely public books used by a defendant as a practice place. Nevertheless, the court below found the defendant guilty of violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. of this case by taking the above books as evidence. Thus, the court below erred by misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment. 2) The court below's decision is erroneous because it is too unreasonable that the defendant's imprisonment (10 months of imprisonment, 2 years of suspended execution, 34,120
The sentence imposed by the court below on the defendant is too unhued and unfair.
On March 30, 2011, the summary of the facts charged in this part of the judgment on the Defendant’s assertion of mistake or misapprehension of legal principles is as follows: (a) around 30, 201, the Defendant introduced a news report with the trade name of “F” in Seodaemun-gu Seoul, Seodaemun-gu, and Mapo-gu, “F”; (b) 5 entertainment loans, including “G”, “I”, “M”, “O”, “P”, etc., into entertainment taverns, such as “T”, “U”, and “W,” etc.; and (c) 2.60,000 won were received from male customers under the name of a large scale and 40,000 won among them, and 40,000 won were provided as a brokerage fee for the Defendant, thereby arranging sexual traffic; and (d) from the above date to August 23, 2011, all of them were provided by the said method as above 853 times through the said method; and (c) 2.1780,0,00,000 million won.