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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.
In the statement of grounds of appeal, the prosecutor argued that the court below omitted the declaration of confiscation for the seized articles, but the Employment Security Act does not provide for the necessary confiscation, and the confiscation under Article 48 of the Criminal Act stated in the applicable provisions of the indictment in this case is voluntary and whether it should be forfeited even for the articles that meet the requirements of confiscation is left at the discretion of the court (see Supreme Court Decision 2000Do515, Sept. 4, 2002). The prosecutor's above assertion is deemed to include the argument that the sentencing of the court below is unfair.
2. The judgment of the court below is unreasonable by taking full account of all the sentencing conditions indicated in the records and arguments of this case, including the defendant's age, character and behavior, environment, circumstances, means and result of the crime, and the fact that the defendant had been punished for the crime of arranging sexual traffic around November 201, etc., but the defendant reflects the defendant's wrong recognition of his or her misconduct; the defendant seems to have been closed down the business of this case; the defendant seems to have not been punished more than the fine; the defendant has no record of punishment than the fine; and the defendant's return to a sound social person is not repeated; and the defendant's age, character and behavior, environment, circumstances, means and result of the crime, etc., and all of the sentencing conditions indicated in the records and arguments of this case, including the records and arguments of this case, it is not unreasonable for the court below to sentence the defendant a fine of five million won as it is too unafford.
3. In conclusion, the prosecutor'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.