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Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s punishment (the imprisonment of six months, the suspension of the execution of two years, the 40 hours of taking lectures for the prevention of sexual traffic, confiscation, additional collection of 1,820,00 won) is too unreasonable.
B. The lower court’s sentence (as above, Defendant A, Defendant B: fine of two million won, and confiscation) against the Defendants by the prosecutor is too uneasible and unreasonable.
2. Determination
A. Determination on the unjust argument of sentencing by both parties to Defendant A is favorable to Defendant A, with the recognition of all the crimes of this case, the fact that Defendant A was able to repent of his mistake in depth, and that there was no record of the same kind of crime, etc.
On the other hand, the crime of this case is not likely to cause significant social harm, such as commercialization of sex and harm to the sound sexual culture and good morals, and the crime of this case was committed by leasing officetels and closely, and its size is small.
It is difficult to see that the above defendant is disadvantageous to the defendant.
In addition, considering the various sentencing conditions shown in the records and arguments of this case, such as Defendant A’s age, sexual behavior, and the circumstances after the crime, the lower court’s punishment against Defendant A is too heavy or it is deemed unfair because it is too heavy. Thus, the argument of Defendant A and the prosecutor is without merit.
B. In full view of various sentencing conditions shown in the records and arguments of this case, including the following: (a) examining the prosecutor’s improper assertion of sentencing regarding Defendant B’s unfair assertion of sentencing; (b) Defendant B was the primary offender; and (c) having no particular change in the sentencing conditions compared with the original judgment; and (c) as such, the lower court’s sentence against Defendant B was inappropriate, the prosecutor’
3. As such, the appeal by Defendant A and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.