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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (two years of suspended execution, two years of protection observation, and one hundred and twenty hours of community service order in the six-month of imprisonment) is too unreasonable.
2. As part of the determination, the Defendant recognized the instant crime, against his mistake, and did not engage in any criminal act in the future, the Defendant terminated the lease contract on commercial sex acts establishments.
There is no criminal offense beyond the fine against the defendant.
However, the crime of this case is the business of employing a adult female while operating a marina business, and arranging such female to act similar to that of this case. In light of the method and contents of the crime and the adverse effects of the crime of this case on our society, such as brokerage of commercial sex acts, the crime of this case is not somewhat weak.
In addition, the Defendant has already been subject to a disposition of suspension of indictment once as a result of the crime of arranging sexual traffic and a fine of one time. However, even if there is an act of arranging sexual traffic at the same place, there is a little possibility of criticism in that it has reached the crime of this case by resumption of business in spite of being subject to a summary order of a fine of KRW 5 million on May 26, 2016.
On the other hand, since the defendant, alone, supports children, the court below asserts that ordering the defendant to observe the protection and provide community service for 120 hours is unfair.
However, since the specific method and time of community service can be determined by the competent probation office in consideration of the defendant's conditions at the execution stage, the defendant's assertion that the community service order of this case in this case is in itself unfair cannot be accepted. In addition, as a treatment within society, the protection observation and community service order are protected by the defendant's sound rehabilitation promotion and crime prevention, and in principle, allow the defendant to lead a free normal life.