Text
The judgment below
The part against the Defendants is reversed.
Defendant
A Imprisonment for one year, and Defendant B for six months.
Reasons
1. The decision of the court below on the summary of the grounds of appeal (one year of imprisonment, three years of suspended execution, 120 hours of community service order, confiscation, Defendant B: imprisonment with prison labor for eight months of suspended execution, two years of suspended execution, and 120 hours of community service order) is too unreasonable.
2. In full view of all the facts pertaining to the sentencing stated in the records of this case, the sentence of the judgment below is too unreasonable, since the defendants reflect their mistakes in depth, the status of the defendants' health is very poor, the place of business seems to have failed to keep large profits, and the punishment of the court below is deemed to be too unreasonable. Thus, the defendants' assertion is justified.
3. Accordingly, the part of the judgment of the court below against the Defendants in accordance with Article 364(6) of the Criminal Procedure Act is reversed, and the appeal against the Defendants is ruled as follows.
Criminal facts
The summary of the evidence and the facts charged against the Defendants and the summary of the evidence recognized by this court are identical to the entries in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article applicable to criminal facts;
(a) Defendant A: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, and Articles 151(1) and 32(1) of the Criminal Act (a) of the same Act;
B. Defendant B: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 32(1) of the Criminal Act, Article 151(1) of the Criminal Act
1. Selection of each sentence of imprisonment;
1. Articles 32(2) and 55(1)3 of the Criminal Act (with respect to the crime of aiding and abetting an offender's escape, Defendant B: Concerning the crime of aiding and abetting an offender, Defendant B: Concerning the crime of aiding and abetting an intermediary traffic);
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act of the suspended execution;
1. A defendant who is subject to confiscation: Article 48 (1) 1 of the Criminal Act;