성매매알선등행위의처벌에관한법률위반(성매매알선등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
7,600,000 won shall be collected from the defendant.
1. Summary of grounds for appeal;
A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.
B. A prosecutor 1) omitted determination of additional collection (misunderstanding the legal principles) constitutes “act of arranging, etc. sexual traffic” as prescribed by the Act on the Punishment of Acts, such as the Mediation, etc. of Commercial Sex Acts, and accordingly, the court below’s omitted collection of profits acquired from such act from the Defendant pursuant to Article 25 of the said Act, but it erred by misapprehending the legal principles on additional collection, thereby adversely affecting the conclusion of the judgment.
2. Article 25 of the Act on the Punishment of Acts, etc. of Arranging the Prosecutor’s misunderstanding the legal doctrine on the grounds that “the person who committed an offense provided for in Articles 18 through 20 of the same Act shall be confiscated, and where it is impossible to confiscate money and valuables or other property acquired by the offense, the equivalent value thereof shall be additionally collected,” Article 25 of the Act on the Punishment of Acts, such as Mediation, etc. of Commercial Sex Acts, is the so-called essential confiscation provision.
The judgment below
As stated in the column of the application of the text and statutes, the crime of this case is an offense prescribed in Article 19 (1) 1 of the same Act and meets the above requirements for collection, and since criminal proceeds subject to collection cannot be specified by evidence, it is not always a case where it is not possible to specify them by evidence, the court below omitted the order, but it erred in the misapprehension of legal principles as to collection, which affected the conclusion of judgment
Therefore, the prosecutor's allegation of misapprehension of the above legal principles is reasonable.
3. Under Articles 25(1), 31(1) and 31(2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the Defendant shall pay 50,000,000 won to the applicant for compensation who is brought in the trial at the trial at the trial at the trial at the trial at the trial at the trial.