The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of the grounds for appeal (the sentence of the court below: Imprisonment with prison labor for 10 months and a fine of 7 million won, confiscation, and collection KRW 800,000);

2. In light of the circumstances that are disadvantageous to the Defendant, such as the fact that the Defendant, even though having already been fined three times for a crime of the same kind, employs foreigners without the status of employment sojourn, and operates a sexual traffic business establishment, and the act of arranging sexual traffic is not considerable social harm and injury, such as impairing the sound sexual culture and good morals by commercializing women’s sex.

However, in full view of the favorable circumstances such as the defendant's full recognition of the crime, the mistake is divided, and the defendant seems to have been detained for a considerable period of time, the period of operation of the sex trafficking business establishment in this case is not long, the defendant has no record of criminal punishment exceeding the fine, the defendant has to support his elderly, and other factors of sentencing in this case including the defendant's age, character and behavior, environment, and circumstances after the crime, it is judged that the sentence of the court below is unfair.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense (limited to the business of arranging sexual traffic and the comprehensive business of arranging sexual traffic), Articles 94 and 18 (3) of the Immigration Control Act (limited to the business of arranging sexual traffic), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.