식품위생법위반등
The judgment below
The penalty collection portion shall be reversed.
12 million won shall be additionally collected from the defendant.
The remainder of the defendant.
1. The summary of the grounds for appeal is that the punishment imposed by the court below on the defendant (the penalty of two years of suspended sentence for six months and 13.2 million won shall be collected in accordance with imprisonment) is too unreasonable, and that the defendant operated the "E", and the defendant was unable to receive a daily customer, and that there was a case where the defendant was unable to conduct his/her business within a month, the surcharge was excessively calculated.
2. Determination
A. The Defendant’s act of arranging sexual traffic, which the Defendant committed, is against the depth of recognizing the Defendant’s wrong judgment on the assertion of unfair sentencing, and is not against the Defendant’s husband’s health condition, and seems difficult to enjoy living conditions. However, since the instant act of arranging sexual traffic, which the Defendant committed is detrimental to the good customs by commercializing women’s sex, and thus, is highly harmful to society, it is necessary to strictly punish the instant act of arranging sexual traffic suppliers and intermediarys. The Defendant has been punished three times as fines for the same crime, and the Defendant committed each of the instant crimes for a period of up to 1 year and 10 months, and other various circumstances that form the conditions of sentencing as indicated in the records, such as the motive and background leading up to each of the instant crimes, the circumstances before and after the instant crimes, the Defendant’s age, character and behavior, environment, occupation and employment, and employment relationship, etc., the Defendant’s argument of unfair sentencing is without merit. Thus, the Defendant’s assertion of unfair sentencing is without merit.
B. According to Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., the offender’s money and valuables or other property acquired by committing an offense, such as arranging commercial sex acts, shall be confiscated, and if it is not possible to confiscate, the value equivalent thereto shall be collected. According to the evidence duly adopted and examined by the lower court and the first instance court, the Defendant was hospitalized in the hospital from September 2012 to July 30, 2014.