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(영문) 인천지방법원 2015.02.06 2014노4605

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized No. 1.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, confiscation, and collection) is too heavy or is too unfied (the Defendant).

2. To the extent that the whole amount of money (Evidence Nos. 4 through 7, 12 through 15) seized in this case is deemed as profit for the crime of arranging the sexual traffic in this case, prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, only the amount calculated by profit during the crime period, excluding the whole amount of the above money, shall be collected additionally.

Nevertheless, the court below has collected the remaining amount after deducting only the part presumed to fall under the profit on the date of crackdown while it has confiscated the total amount of the above money, and it is unlawful that the collection should be deducted from the additional collection amount.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the grounds for ex officio reversal.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Article 30 of the Criminal Act, the choice of imprisonment with labor, or imprisonment with labor;

1. Article 48 (1) of the Criminal Act, Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. - Amount of 10,500,000 won (=35 days x 20 times x (35,00 won - 20,000 won) - Amount of 1,54,00 won = 8,956,00 won x 1,54,000 won x 1,556,000 won for the period of crime, shall be commercialized into female sex and shall be sound.