성매매알선등행위의처벌에관한법률위반(성매매알선등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
The Seoul Central District Court.
1. Summary of the grounds for appeal;
A. The defendant's profit from misunderstanding of facts is a maximum of 36 million won at least 6 million won.
The judgment of the court below that calculated the defendant's profits from sexual traffic as 46.5 million won and collected the above amount is erroneous in misconception of facts.
B. The sentence imposed by the lower court on the Defendant (one year of imprisonment, confiscation, and collection) is too unreasonable.
2. According to the records of ex officio determination, the Defendant was sentenced to two years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on April 4, 2019 by the Seoul Northern District Court on April 12, 2019 (the crime committed on November 5, 2018), and one year of imprisonment with prison labor for the violation of the Act on the Punishment, etc. of Arrangement of Commercial Sex Acts (the Act on the Punishment, etc. of Commercial Sex Acts) at the Seoul Northern District Court on January 16, 2020, and for the same year from the beginning of February 2018 to the effect that the judgment became final and conclusive on March 31, 2020.
5. From the end of October 2018 to the end of the same month, the Defendant may be recognized. Each of the crimes in the judgment of the court below against the Defendant, which became final and conclusive on April 12, 2019, prior to the final and conclusive judgment of the court below, is not only a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) but also a violation of the Act on the Punishment, etc. of Arrangement of Commercial Sex Acts (the crime of arranging commercial sex acts, etc. also are concurrent crimes under the latter part of Article 37 of the Criminal Act), which became final and conclusive on March 31, 2020, and is also related to the crime of arranging commercial sex acts, etc. (the crime of arranging commercial sex acts, etc. and the crime of arranging commercial sex acts, etc.) and the punishment for
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of facts.
3. Prosecutor's assertion of mistake of facts regarding confiscation shall be sexual traffic of the defendant.