성매매알선등행위의처벌에관한법률위반(성매매알선등)등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months.
Seized No. 5.
[Judgment on the Grounds for Appeal] The sentencing of the court below (the defendant A: the imprisonment of 10 months and the fine of 5 million won, the imprisonment of 4 months) is too unreasonable.
(F) The court below held that Defendant A was not subject to collection on the ground that Defendant A could not specify the profits actually acquired. The court below erred by misapprehending the legal principles on collection of additional charges, thereby adversely affecting the conclusion of the judgment.
(Legal scenarios). The sentencing of the court below is too unfortunate and unfair.
(Unfair) In relation to the assertion of the misapprehension of the legal principles of the public prosecutor's theory, the confiscation, whether it is subject to additional collection, or the recognition of the amount of additional collection does not require strict certification, but if it is impossible to specify the criminal proceeds subject to additional collection, it shall not be collected.
(see, e.g., Supreme Court Decisions 91Do346, Jun. 22, 1993; 2008Do1392, Jun. 26, 2008). According to the evidence duly adopted and examined by the lower court, Defendant A, as stated in paragraph (1) of the facts constituting the crime of the lower judgment, is as follows.
4. Up to 700,000 won as a means of arranging sexual traffic (i.e., one time brokerage expense of 70,000 won x 10 times), and from May 1, 2013 to the first patrol officer.
7. Until February 2, 198, 120,00 won as the arrangement of commercial sex acts (i.e., one time brokerage cost 30,00 won x 40 times), 6,00,000 won as the advertisement of commercial sex acts, and (ii) the fact that the above defendant was seized in cash, which is a part of the above profits, in the process of being arrested, can be recognized. As such, the remainder of 7,190,00 won (i.e., KRW 7,90,00 won - KRW 7,10,00) cannot be confiscated by the above defendant's profits derived from the arrangement
The court below found the defendant guilty of all the criminal facts whose criminal proceeds are specified as above, but did not impose an additional collection on the ground that the above defendant could not specify the gains actually acquired. The court below erred by misapprehending the legal principles on additional collection, thereby affecting the conclusion of the judgment. Thus, the prosecutor's objection.