성매매알선등행위의처벌에관한법률위반(성매매알선등)
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. Each sentence imposed by the lower court on the Defendants (Defendant A: imprisonment for six months, two years of suspended sentence, observation of protection, additional collection charge, KRW 59,746,00, KRW 500,000, KRW 1 million for additional collection charge, KRW 1 million for Defendant C, KRW 1 million for a fine, and KRW 4 million for additional collection charge) are too uneasible.
B. The amount of the surcharge imposed on Defendant B and C was calculated erroneously.
Defendant
In the case of B, as a principal offender is jointly with Defendant A, 13,928,00 won per 27,856,000 won per the joint criminal period should be collected from Defendant B.
Defendant
C In the case of C, 3 million won received as the security deposit for lease shall be included in the amount subject to additional collection, so it is reasonable to collect 7 million won as additional collection.
2. Determination
A. In light of the fact that the crime of arranging sexual traffic is unfair or unfair, it is necessary to strictly punish the crime of this case because of considerable social harm, such as the commercialization of sex and harm to the sound sexual culture and good morals, although Defendant A had the record of punishment for the same kind of crime, he again committed the crime of this case. In light of the period, size, and the leading status of the crime of this case, the crime of this case is bad, Defendant B has the record of being punished several times including the crime of this type of crime, and Defendant C did not take measures to prevent recurrence despite being notified of the fact that the building of this case was provided as a place for sexual traffic, and thereafter, Defendant C provided the building of this case as a place for sexual traffic for about one year.
However, it is recognized that there is no record of criminal punishment except that the Defendants were punished once for the crime of this case, that there is no criminal record against Defendant B, that there is no criminal record of the same kind of crime, that the degree of participation in the crime of this case is not more severe than Defendant A, that there is no benefit from the crime of this case, and that Defendant C has no record of criminal punishment.
In addition, the defendants' age, sex, environment, family relationship, and crime.