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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (the amount of KRW 5 million, confiscation, and collection KRW 850,00) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The determination of the crime of this case is based on the circumstances unfavorable to the defendant, such as the fact that the crime of this case is not likely to cause considerable social harm, such as the commercialization of sex and harm to sound sexual culture and good morals, and that there is no record of punishment against the defendant for the same crime, etc.
In addition, there is no change in the sentencing conditions compared to the original judgment, and considering all the sentencing conditions specified in the records and arguments of this case, the lower court’s punishment is too heavy or unfluent so that it cannot be deemed unfair. Thus, the above assertion by the Defendant and the prosecutor is without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.