Defendant

1. A. The judgment below is reversed.

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

except that from the date of this judgment.

1. Defendant A: Imprisonment with prison labor for 10 months, 2 years suspended execution, 10 million won, additional collection of KRW 11,520,000, among the main sentences of the grounds for appeal, and KRW 7 million;

2. Since Article 19(2)1 of the Act on the Punishment of Acts of Arranging Commercial Sex Acts, Etc. ex officio determination (as to Defendant B), since it is the business of arranging commercial sex acts, etc., punishment is aggravated. Thus, if Defendant B without such status participated in Defendant A’s act in a business-based position, even if Defendant B without such status becomes an accomplice in the crime pursuant to the main sentence of Article 33 of the Criminal Act, even if Defendant B without such status becomes an accomplice in accordance with the proviso of the same Article, the punishment under the proviso of the same Article shall be punished pursuant to Article 19(1)1 of the Act on the Punishment of Acts of

Nevertheless, the court below applied Article 19(2)1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. to Defendant B like Defendant A. In this regard, the court below did not err by misapprehending the legal principles which affected the conclusion of the judgment, and thus it cannot be maintained.

3. The determination of Defendant A’s argument during the sentencing process, the social harm of the crime of arranging sexual traffic is large, and considering the period of the crime and the proceeds of the crime, the Defendant’s liability for the crime should be the strict liability corresponding thereto.

However, considering the fact that the defendant led to the crime of this case, and that there was no record of punishment for the same kind of crime in the past, the circumstances favorable to the defendant are considered, and considering the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, circumstances of the crime and circumstances after the crime, the sentence of the court below is too unreasonable.

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

4. In conclusion, the judgment of the court below against the defendant B has a ground for reversal ex officio and defendant A's.