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1. The part concerning Defendant D among the judgment below is reversed.
Defendant
D shall be punished by imprisonment for a period of four months.
seizure.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the lower court against the Defendants (in case of Defendant C: imprisonment with prison labor for a year and four months and confiscation, and Defendant D: imprisonment with prison labor for a period of eight months and confiscation) is too unreasonable.
2. Determination
A. Defendant C1) The scope of the recommended sentencing guidelines set by the Supreme Court Sentencing Committee is as follows.
A) Basic crime: In full view of the following factors, the court below found the following facts: (a) the commission of commercial sex acts, etc. [the types of recommendations]; (b) the commission of commercial sex acts; (c) the commission of commercial sex acts; (d) the commission of commercial sex acts; (d) the commission of commercial sex acts; (e) the commission of commercial sex acts; (e) the commission of commercial sex acts; (e) the commission of commercial sex acts; (e) the commission of commercial sex acts; and (e) the commission of commercial sex acts; (e) the commission of commercial sex acts; (g) the commission of commercial sex acts; (g) the commission of commercial sex acts; and (g) the commission of commercial sex acts; (g) the commission of commercial sex acts; and (g) the commission of commercial sex acts; and (g) the commission of criminal acts; and (g) the commission of the commission of the commission of the sentencing; and (g) the commission of the commission of the sentencing.
There is no circumstance to find out that it is deemed unfair to maintain the judgment of the court below as it is (the court below’s sentence belongs to the lowest limit of the scope of the recommended sentencing guidelines set forth in the above sentencing guidelines). Furthermore, there is no change in the conditions of sentencing compared to the court below’s decision because new sentencing data have not been submitted in the court below.
In addition, all the circumstances surrounding the sentencing of Defendant C, including the following: Defendant C’s age, sex, environment, details and consequence of the crime, the circumstances after the crime, the type, size, frequency, period, and earnings, etc. of the business.