The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for six months.

except that this judgment.

1. The summary of the grounds for appeal (a fine of KRW 3 million and confiscation, and a fine of KRW 8 million and additional collection) declared by the court below is too unfasible and unreasonable.

2. Determination

A. Even if the lower court comprehensively takes into account the circumstances revealed in the grounds of sentencing and the various conditions of sentencing indicated in the records, it cannot be deemed that the lower court’s sentence goes beyond the reasonable bounds of discretion.

The prosecutor's argument on unreasonable sentencing against the defendant A is not accepted.

B. As to the prosecutor’s assertion on Defendant B, there are favorable circumstances, such as the following: (a) Defendant B recognized his mistake; (b) Defendant B did not have any previous conviction exceeding the fine; and (c) Defendant B voluntarily surrenders to the investigative agency.

However, in 2016, Defendant B was sentenced to a fine of seven million won due to the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. by operating sexual traffic establishments.

In addition, the Defendant advertised the instant arrangement business through the Internet, which is a medium with high radio wave.

In full view of such circumstances, the lower court’s punishment is too uneasible and unreasonable in light of the following: (a) the type and scale of the instant arrangement business; (b) the Defendant’s age, character and conduct, environment, occupation; (c) the developments and details leading to the instant crime; and (d) the circumstances after the crime.

The prosecutor’s assertion of unreasonable sentencing on Defendant B is with merit.

3. Since the prosecutor's appeal against the defendant B is well-grounded, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment of the court below against the defendant B is reversed, and the prosecutor's appeal against the defendant A is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

Criminal facts

Defendant B, the summary of the evidence and the summary of the evidence, recognized by the court.