The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to confession and reflect on the instant crime, and that the period of the instant crime itself is not long.

B. However, in full view of the following facts: (a) the Defendant had a record of criminal punishment several times for the same crime (one time of the suspended sentence and three times of fines); (b) on June 2, 2015, the Defendant was sentenced to imprisonment with prison labor for 10 months; (c) two years of the suspended sentence; and (d) a fine of 3 million won for the same crime; and (c) at the same place, the Defendant committed the instant crime at the same time and was under the suspended sentence; (d) the Defendant’s age, sex, environment; (e) the motive and circumstance leading to the instant crime; (e) the motive and circumstance leading to the instant crime; (e) the circumstances before and after the instant crime; and (e) other various sentencing conditions as shown in the argument

Even if the sentence of the court below is too unreasonable, it shall not be considered unfair.

(c)

Therefore, the defendant's above assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and is so decided as per Disposition (Article 19(2)1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic, which is a criminal fact in the judgment of the court below. Article 19(2)1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic applies to “Article 21(1) of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic.” The court below stated the pertinent provision differently as “Article 21(1) of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic, but it

Article 25 of the Regulations on Criminal Procedure provides that "Article 21 (1) of the Act on the Punishment of Acts and Subordinate Statutes, Etc.," and "Article 19 of the Act on the Punishment of Acts and Subordinate Statutes, such as the Mediation, etc., of Commercial Sex Acts" shall apply to the judgment below ex officio pursuant to Article 25 of the Regulations on Criminal Procedure.