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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. Even though the Defendant had been punished by a fine by aiding and abetting the H’s sexual traffic business, the Defendant’s direct operation of a sexual traffic business establishment after several months, etc. is disadvantageous to the Defendant.
However, considering the fact that the Defendant appears to have been prevented from committing the instant crime because of economic circumstances, etc., the size of the instant sexual traffic business establishment and the period of committing the instant crime, etc., it is difficult to see that the Defendant was grossly gaining profits from the instant crime in light of the fact that he committed the instant crime, the Defendant’s mistake is divided and reflected, and all of the instant sexual traffic business establishments are closed, and the Defendant’s age, character and conduct, environment, etc., the lower court’s sentencing is deemed to be too unreasonable, and the Defendant
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, 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 and the Selection of Imprisonment with labor concerning facts constituting an offense;
1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;
1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;
1. The execution of imprisonment with prison labor is to be executed by comprehensively taking into account various factors of sentencing prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act.