성매매알선등행위의처벌에관한법률위반(성매매알선등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 5,00,000 won.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal (the original decision: Imprisonment with prison labor for ten months, the suspension of execution of two years, and a fine of five million won);
2. The lower court rendered ex officio determination as to whether the seized evidence Nos. 4 and 5 had been confiscated in accordance with Article 48(1)1 of the Criminal Act or the former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.
However, according to the evidence duly adopted and examined by the court below, each of the above closures is confiscated at the defendant's commercial sex acts and marina business places. However, it is not sufficient to recognize it only by the evidence submitted by the prosecutor as to the fact that the above closures were owned and kept by any of the women employed in such places, and further, it is not sufficient to recognize it by the evidence submitted by the prosecutor as to the fact that the person who committed the act of arranging commercial sex acts, etc. under the former part of Article 25 of the Act on the Punishment of Acts of Arranging Commercial Sex Acts, Etc. is money or property acquired by the crime.
Therefore, as long as there is no evidence that each of the above papers meets the requirements for confiscation, the judgment of the court below erred by misapprehending the facts or by misapprehending the legal principles on each of the confiscated parts of subparagraphs 4 and 5 against the defendant, which affected the conclusion of the judgment.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and it is again decided as follows.
[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The act of arranging the commercial sex acts, etc. with respect to the relevant criminal facts and punishment;