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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the summary of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. Determination
A. According to Article 25 of the Act on the Punishment of Acts, Including Ex officio Mediation of Commercial Sex Acts, Article 25 of the same Act, if a person who committed a crime under Article 19 of the same Act is required to confiscate money and valuables obtained from the crime and cannot be confiscated, the value of the money and valuables shall be additionally collected. If so, the court below erred by misapprehending the legal principles on necessary deprivation or collection of money and valuables, even though the amount of money and valuables acquired from the act of arranging commercial sex acts should be collected additionally
However, in this case where only the defendant appealed, it cannot be sentenced to a new collection in accordance with the principle of prohibition of disadvantageous alteration under Article 368 of the Criminal Procedure Act. Thus, the above illegality of the judgment of the court below does not affect the judgment, and it does not reverse the judgment of the court below for this reason.
B. In light of the motive and background of the instant crime, the circumstance before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s character and conduct and environment, in light of all the circumstances alleged in the grounds for appeal, the lower court’s sentence is unreasonable, and thus, cannot be said to be unreasonable, considering all of the circumstances alleged in the grounds for appeal. This is without merit.
3. The Defendant’s appeal is without merit and thus, in accordance with Article 364(4) of the Criminal Procedure Act.