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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (one year of imprisonment) is too unreasonable in light of the fact that the defendant is against the gist of the grounds for appeal.
2. The fact that the Defendant recognized all the facts charged is favorable to the Defendant.
However, despite the past record of punishment for the same crime, the Defendant committed the instant crime again, and the Defendant committed an act such as arranging sexual traffic by moving three times or places to another place, and attempted to be punished by employing the president B, and the Defendant committed a crime closely and systematically, such as moving the place of business to an investigative agency and continuing to conduct business, etc., is disadvantageous to the Defendant.
In full view of the above circumstances and other circumstances shown in the records and pleadings, since the sentence imposed by the court below is too unreasonable, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
[Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. provides that money and valuables or other benefits received by a person who has committed an offense under Article 19 of the same Act shall be confiscated, and if it is impossible to confiscate it, an amount equivalent to the value thereof shall be collected. The lower court found the Defendant guilty of a crime violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. of Commercial Sex Acts, which was committed against the Defendant, omitted the Defendant’s collection of KRW 17,00,000 (320 and B’s evidence records) while engaging in commercial sex acts.
However, in this case where only the defendant appealed, the principle of prohibition of disadvantage change in Article 368 of the Criminal Procedure Act is applied, so it cannot be sentenced to new collection in the trial.