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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the judgment of the court below (the penalty of 10 months (the crime No. 1-A and B of the judgment below), 4 months (the crime No. 2 of the judgment of the court below), 100 million won (the penalty of 135 million won)) is too unreasonable, and the prosecutor asserts that the punishment is too unfeasible and unfair.
2. The following facts are favorable sentencing grounds: (a) the defendant is making a confession of the crime and is against the defendant; (b) the crime of Article 2 of the judgment of the court below is to consider the case of violation of the Act on the Punishment of Acts such as the Mediation, etc. of Commercial Sex Acts which became final and conclusive at the same time; (c) there is no criminal record exceeding the suspended sentence of imprisonment; and (d) there is a family member to provide support; (d) one time of a fine for the same crime; and (e) the crime of Article 1-A of the judgment of the same law is committed again during the suspended sentence of imprisonment, even though one of the suspended sentence of imprisonment has been sentenced to one time; (e) a majority of business places operate and arrange commercial sex acts; and (e) a majority of business places have arranged commercial sex acts; and (e) a person requests an employee to provide considerable economic
In light of the above sentencing factors comprehensively considering the Defendant’s age, family relation, economic situation, background and motive leading up to the commission of the crime, and all other matters regarding the sentencing as indicated in the records and arguments in this case, the judgment below’s punishment is determined to be appropriate, and there is no change of circumstances to be considered in the trial. Thus, the Defendant and the Prosecutor’s assertion 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.