성매매알선등행위의처벌에관한법률위반(성매매알선등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
Defendant 1,059,155,757 won.
1. Summary of grounds for appeal;
A. In light of the legal principles, the Defendant merely advertised a large number of unspecified persons of sexual traffic, and this is merely an advertisement for sexual traffic, and it does not constitute an act of arranging sexual traffic since the Defendant did not connect to the intent of sexual buyers and employees of sexual traffic in the situation where sexual traffic takes place at a specific time and place. Nevertheless, the lower court recognized the Defendant’s act as both an advertisement for sexual traffic and arrangement of sexual traffic, thereby constituting a substantive concurrent crime, which affected the conclusion of the judgment by misapprehending the legal principles. (2) The lower court deemed that the Defendant’s act did not deduct the amount confiscated or preserved for forfeiture from the accomplice in calculating the surcharge imposed on the Defendant, and the Defendant acquired the proceeds of accomplices with high probability that he would have received from the accomplices, such as E, etc.
B. The lower court’s imprisonment (the penalty of KRW 2 years, 3,514, 442,225) against the Defendant is too unreasonable.
2. Ex officio determination (as to advertisements inducing sexual traffic), the defendant asserted that he was guilty of the crime of soliciting sexual traffic, which was not prosecuted by the prosecutor against the principle of no accusation, due to the grounds of appeal, but the court below withdrawn the above argument with the prosecutor's consent to the modification of the indictment during the second trial of the trial.
Article 20 (1) of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (hereinafter "the Act on the Punishment of Commercial Sex Acts") provides that a person (including advertisements through various publications, printed materials, telephone, Internet, and other media; hereinafter the same shall apply), commercial sex acts, arrangement of commercial sex acts, etc. shall be conducted for the purpose of arranging or arranging a job for the selling of sex or for obscene acts, etc. under Article 245 of the Criminal Act.