All appeals by the defendant and the prosecutor are dismissed.

1. Determination on the prosecutor's assertion of mistake of facts

A. According to the evidence submitted by the alleged prosecutor, the lower court acquitted the Defendant of this part of the facts charged, by misunderstanding the fact, although it is acknowledged that the Defendant had obtained pecuniary benefits by threatening the victim.

B. In a case where there are no new objective grounds that could affect the formation of a documentary evidence in the appellate trial’s trial process, and there are no reasonable grounds to deem that the determination of a documentary evidence for the first instance was clearly erroneous, or that the argument leading to the acknowledgement of facts is considerably unfair due to the contrary to logical and empirical rules, the determination on the recognition of facts in the first instance deliberation shall not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). There is no new objective ground that may affect the formation of a documentary evidence in the trial process of this court.

In addition, there is no reasonable circumstance to deem that it is remarkably unfair to maintain the judgment as it is in violation of logical and empirical rules, as the grounds for the judgment of innocence as stated by the court below clearly erred in the judgment of the value of evidence or the argument leading to the acknowledgement of facts.

The lower court was justifiable to have acquitted this part of the facts charged.

The prosecutor's assertion is not accepted.

2. Determination of unfair argument about sentencing

A. The defendant asserts that the punishment of the court below (two years of imprisonment with prison labor) is too unreasonable, and the prosecutor asserts that the sentence of the court below is too unhued and unfair.

B. The judgment of the defendant is to move the victim who is a intellectual disabled person into a sexual traffic business place run by C, one's own female, for the purpose of inducing sexual traffic by deceiving him/her, and the defendant forced the victim to engage in sexual traffic for several months together with C, and the nature of the crime is not good. The defendant did not receive a letter from the victim and his/her family members.