All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for a year and a fine of 15 million won.

The defendant above.

1. The gist of the appeal is heavier than the original sentence.

2. The lower judgment on the Defendant’s judgment ex officio was separately sentenced, and the Defendant filed an appeal.

This Court decided to consolidate two appeals cases with one another.

Therefore, since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act.

In addition, on October 14, 2016, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Act on the Punishment of Acts, such as the Mediation of Commercial Sex Acts, etc. at the Seoul Southern District Court (the brokerage of commercial sex acts, etc.) and the decision was finalized on the 22th of the

The crime of the first instance judgment and the above crime of the final judgment, which became final and conclusive, shall be considered in relation to the concurrent crimes by a group after Article 37 of the Criminal Act, and shall be taken into account in the case of concurrent crimes pursuant to Article 39(1) of the Criminal Act.

The judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed in its entirety, and it is so decided as follows through pleading.

[Judgment used again] The first head of the crime in the judgment of the court of first instance among the judgment of the court of first instance on the summary of the crime and evidence [criminal records] was sentenced to imprisonment with prison labor for six months in the Seoul Southern District Court for violation of the Act on the Punishment of Acts, such as sexual traffic brokerage (including sexual traffic brokerage, etc.) at the Seoul Southern District Court on October 14, 2016, and the above judgment became final and conclusive on October 22, 2016.

In addition to changing "the previous records" and adding "the investigation report (the previous records of the defendant A), indictment (the same criminal records of the defendant A), and the general contents of the case in the court" to "the summary of the evidence," the same as the corresponding columns of the judgment of the court below.

Application of Statutes

1. Article 19 (2) 1 and 24 of the Act on the Punishment of Acts, Including Mediation, etc. of Sexual Traffic, concerning facts constituting an offense, and Articles 19 (2) 1 and 24 of the same Act, selection of imprisonment, and the concurrent imposition of fines;

2. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

5. Confiscation.