성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment below
We reverse the part concerning collection among the penalty surcharges.
28,800,000 won shall be additionally collected from the defendant.
3.2
1. Summary of grounds for appeal;
A. Although the Defendant, in light of the legal principles as to the calculation of additional collection charges, obtained a monthly average of less than 2,00,000 won due to business depression from around 2018 to 2019 during the total period of crime, the lower court erred by misapprehending the legal principles as to the calculation of additional collection charges, on the premise that the Defendant, during the entire crime period, obtained a fixed amount of profit equivalent to 1,00,000 won per time from the average of 20 customers during the entire crime period, and issued an additional collection amount equivalent to 72,00,000 won (i.e., 10,000 won x average of 20,000 x a month x 36 months).
B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 3 million, the additional collection of KRW 72,00,000) is too unreasonable.
2. Determination
A. (1) The lower court’s judgment on the calculation of additional collection charges 1) held that the Defendant acquired 100,000 won from around February 13, 2016 to February 11, 2019 as the monthly average of 20 customers from around March 3 years, and that the total amount of sexual traffic payment received during the above period is the amount of profit acquired by the Defendant in return for the arrangement of sexual traffic, and ordered the Defendant to additionally collect 72,00,000 won against the Defendant. (2) The lower court’s judgment on whether it is subject to forfeiture of the relevant legal doctrine or additional collection, and the recognition of additional collection amount does not require strict proof as it does not relate to the elements of a crime (see, e.g., Supreme Court Decision 2008Do1392, Jun. 26, 2008). Moreover, the scope of the Defendant’s act of arranging sexual traffic, etc. under Article 25 of the Act on the Punishment of Arrangement of Commercial Sex, etc. requires the Defendant’s to waive his/her profits.