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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, who is aware of the fact that an employee is engaging in sexual traffic, did not engage in the business of arranging sexual traffic, but rather did not engage in the business of arranging sexual traffic.
Nevertheless, it is illegal that the court below found the defendant guilty.
B. The sentence of the lower court (an amount of KRW 4,00,000) that is unfair in sentencing is too unreasonable.
2. Determination
A. In full view of the following circumstances revealed by the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, i.e., ① the defendant informed the customer that the price of sexual traffic was KRW 130,000,000, and provided the mixed sea, ② the defendant provided the 70,000 won per case and directly employed female employees; ③ the defendant also recognized the fact that he received 10-130,000 won from the customer as the price of sexual traffic and paid 5-70,000 won to the employee, as stated in the facts constituting a crime, the defendant employed the employee to arrange sexual traffic.
Therefore, this part of the defendant's argument is without merit.
B. Although the Defendant had no criminal history to determine the illegal assertion of sentencing, the crime of this case requires strict punishment as to materializing the women’s gender and impairing the sound sexual culture and good morals. In full view of the following circumstances, the Defendant’s liability as the business owner operating a commercial sex business establishment is not somewhat weak, and the Defendant’s age, size and period of business, motive and circumstance of the crime, and circumstances after the crime, and other circumstances constituting the conditions of sentencing as shown in the trial process, it cannot be deemed that the lower court’s punishment is too unreasonable.
Therefore, this part of the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.