The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. In 2015, the Defendant again committed the instant crime even though he/she had the history of criminal punishment by arranging sexual traffic, etc.

The brokerage business of sexual traffic is a crime that undermines the sound sexual culture, and has a great social harm.

In addition, when considering all the circumstances of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc. as shown in the records and arguments of the instant case, and the scope of recommended punishment according to the sentencing guidelines, the lower court’s punishment is deemed unfair because it is too low.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the prosecutor is again ruled as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, and thus, they are quoted 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, such as Mediation, etc. of elective sexual traffic for facts constituting an offense, and Article 19 (2) 1 of the same Act and selection of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (six months to four months) (one year and four months) of the sentencing criteria [the scope of the recommended punishment] and the basic area (any person who is subject to special sentencing] of the types of sexual traffic crimes subject to 19 years of age or older, such as arranging sexual traffic;

2. Prior to the decision of sentence, the sentencing conditions set forth in paragraph 2 above shall be taken into account and the sentence shall be determined as ordered; and