성매매알선등행위의처벌에관한법률위반(성매매알선등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the lower court’s punishment (one hundred and twenty months of imprisonment, two years of suspended execution, one hundred and twenty hours of community service, confiscation and additional collection) is too uneased and unreasonable;
2. To the extent that the whole amount [No. 1 (No. 1454)] seized in this case is regarded as the profit of the crime of arranging sexual traffic in this case before the judgment on the grounds for appeal by the prosecutor ex officio, only the amount calculated as profit during the period of the crime, excluding the whole amount above, shall be collected additionally.
Nevertheless, the court below did not deduct the total amount of the above money in determining the amount of the additional collection charge, and there is an error of law by misunderstanding legal principles as to the calculation of the additional collection charge.
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 prosecutor's allegation of unfair sentencing, on the grounds of 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. Imprisonment with labor, respectively, under Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (the occupation of a business of arranging sexual traffic), Articles 59 and 29 (5) of the Juvenile Protection Act (the occupation of a business of arranging sexual traffic) and the choice of a business establishment harmful to juveniles;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);
1. Article 62-2 (1) of the Criminal Act regarding community service order;
1. The Confiscation Act Article 48(1) of the Criminal Act, the Act on the Punishment of Acts of Arranging Sexual Traffic, etc.