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All judgment of the court below shall be reversed.
The first judgment of the court below which ruled the defendant.
Reasons
1. The penalty sentenced by the judgment of the court below on the summary of the grounds of appeal (the first judgment: imprisonment with prison labor for not less than one year and two months, and the second judgment: the fine of not less than five million won) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to eight months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Eastern District Court on May 23, 2012, and the judgment became final and conclusive on October 22, 2012. Thus, the above crime for which the judgment became final and the crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) are concurrent crimes under the latter part of Article 37 of the Criminal Act and the crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, etc. (the Act on the Punishment of Commercial Sex Acts, etc.)
Nevertheless, since the second judgment did not apply the latter part of Article 37 and Article 39 (1) of the Criminal Act, the second judgment cannot be maintained as it is.
[On the other hand, the crime of violation of the Act on the Control of Narcotics, etc. and the crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, etc. as stated in the second judgment of the court below shall not be related to each other, and as to the defendant's assertion of unfair sentencing, the punishment shall be separately determined on each of the above crimes. As to the defendant's assertion of unfair sentencing, the judgment on the argument of unfair sentencing is limited to the crime of violation of the Act on the Control of Narcotics, etc. (or the crime of violation of the Act on the Control of Narcotics, etc. (or the crime of violation of the Act on the Control of Narcotics, etc., as stated in the first judgment of the court below).
However, the defendant's family members are against the defendant when committing the crime of this case.