성매매알선등행위의처벌에관한법률위반(성매매알선등)
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The court below erred by misapprehending the legal principles on the following grounds: (i) misunderstanding of facts or misunderstanding of legal principles that a woman engaged in sexual traffic receives money from a customer in return for sexual traffic; (ii) misunderstanding of facts or receiving money from the customer as the owner of the commercial sex business establishment belongs to the owner of the commercial sex business; and (iii) misunderstanding of facts or misunderstanding of legal principles that the defendant did not regard the commercial sex acts confiscated from the female engaged in sexual traffic as not constituting money
B. The sentence of the lower court (two years of suspension of execution in six months of imprisonment, and a fine of five million won) which was unfair as it is too unfortunate.
B. The lower court’s punishment is too unreasonable.
2. Determination
A. Article 25 of the Act on the Punishment of Acts, etc. of Arranging the Prosecutor’s misunderstanding the facts and misapprehension of the legal doctrine regarding brokerage, etc. of sexual traffic, provides that “Any person who commits a crime provided for in Articles 18 through 20 who has committed such crime shall confiscate money and valuables or other property that he/she acquired by such crime, and where it is impossible to confiscate, the equivalent value thereof shall be additionally collected” to collect criminal proceeds as necessary. However, the benefit of money and valuables, etc. that a person who commits a crime provided for in Article 21 of the same Act, i.e., a person who commits a sexual traffic, is excluded from the subject of confiscation.
According to the evidence duly adopted and investigated by the court below, the money seized as above is merely a seizure from the female sexual traffic before the police officer belongs to the defendant on the date of crackdown, and there is an expected distribution of the female sexual traffic and the defendant, and the money and valuables received from the customer or the female sexual traffic in return for the mediation of sexual traffic, or is actually reverted to the defendant.