The prosecutor's appeal is dismissed.

1. The punishment of the lower judgment is too unfasible in light of the size of the business and profits of the massage practice establishment operated by the Defendant, and the possibility of re-offending, etc.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the background and result of the instant crime, the circumstances following the instant crime, Defendant’s age, character and conduct, family relationship, and other matters that are conditions for sentencing, etc., the lower judgment’s sentencing is not too minor beyond the scope of reasonable discretion, and there is no new special circumstance or change in circumstances that may be reflected in the Defendant’s sentencing after the sentence of the lower judgment is rendered.

Therefore, the prosecutor's argument of unfair sentencing is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.