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(영문) 대전지방법원 2015.08.13 2015노108

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended execution) of the original judgment is deemed to be too uneasible and unfair.

2. In accordance with Article 25 of the Act on the Punishment of Acts of Arranging Commercial Sex Acts, Etc., the lower court sentenced the Defendant to the following: (a) No. 2 (Chapter 1 of 50,000 issued by the Bank of Korea) and No. 3 (Chapter 8 of 10,000 issued by the Bank of Korea).

Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. provides that a person who has committed a crime such as arranging commercial sex acts shall confiscate money, goods or other property acquired by such crime, and if it is impossible to confiscate such money, goods or other property,

The purpose of the above additional collection is to deprive the defendant of unlawful profits from the act of arranging sexual traffic in order to eradicate the act of arranging sexual traffic, etc. Thus, the scope of additional collection is limited to the actual amount acquired by the defendant, and where part of the amount that the actor has received from the customer, such as arranging sexual traffic, has been paid to the female sexual traffic (see Supreme Court Decision 2009Do2223, May 14, 2009). According to the evidence duly adopted and investigated by the court below, E, who performed sexual traffic through the defendant's intermediation, has agreed to receive 130,00 won in return for sexual traffic and pay 40,000 won among them to the defendant (Evidence No. 19,61 of the evidence record), and E, who had received 130,000 won in return for sexual traffic (Evidence No. 23 of the evidence record), and the police officers dispatched to the scene at the time of the crime, can be acknowledged as having received the above KRW 130,000 won in return from E (Evidence 10).

According to the above facts, the profits actually acquired by the defendant by the crime of this case shall be limited to KRW 40,000,000,000,000,000,000,000,000,000,00

(q).