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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment (five million won in penalty) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The judgment of sexual traffic intermediary acts are disadvantageous to the fact that social harm, such as the commercialization of sex and harm to the sound sexual culture and good morals, requires severe punishment. The defendant is a crime of violating the Act on the Punishment, etc. of Acts, such as sexual traffic (such as brokerage, etc. of sexual traffic) in the Pyeongtaek District Court on May 14, 2015, which was sentenced two years to a suspended sentence of imprisonment in June, 2015, and the judgment became final and conclusive on May 22, 2015, and committed the crime of this case repeatedly during the suspended sentence.
On the other hand, the fact that the defendant led to the confession of the crime of this case and reflects his mistake in depth, and that the defendant does not seem to have continuously engaged in sexual traffic brokerage business is favorable.
In addition, since there are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence of the lower judgment, the following facts are comprehensively considered in light of the records and various sentencing conditions indicated in the instant case, including the background of the instant crime, the circumstances after the instant crime, the Defendant’s environment, etc., the lower court’s punishment is too heavy or unfluent, and thus, the Defendant and the Prosecutor’s assertion is without merit
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.