성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The sentence of the lower court (an amount of KRW 5 million) is too unreasonable.
B. A prosecutor’s amendment of indictment to the effect that the prosecutor reduces the period of the crime as follows, and accordingly changes the grounds for appeal.
The Defendant, while operating the instant commercial sex acts, received KRW 70,00 or KRW 150,00 per customer, and arranged commercial sex acts. The period exceeds KRW 13,394,00 in total, and according to the Defendant’s statement, half of the profits from the arrangement of commercial sex acts to female employees and half of the profits from the arrangement of commercial sex acts are acquired by the Defendant.
Therefore, 6,697,00 won, which is half of the sales amount of the above card, should be collected from the defendant as profits earned by the defendant as a result of the crime of arranging the sexual traffic of this case.
2. We examine ex officio prior to judgment on the grounds for ex officio appeal.
The prosecutor applied for changes in the indictment in exchange for the facts charged in the trial, and the judgment of the court below cannot be maintained as the case is changed by this court's permission.
However, the argument of misunderstanding the legal principles, which is the reason for the prosecutor's appeal, is still subject to the judgment of this court.
3. Comprehensively taking account of the prosecutor’s argument, the lower court and the evidence duly admitted and examined by the trial court, the Defendant, while operating the instant sexual traffic business establishment from January 1, 2015 to February 26, 2015, and arranging sexual traffic by receiving KRW 70,00 to KRW 150,00 per customer. During that period, the Defendant’s total amount of KRW 13,394,00 out of the credit card sales of the Defendant’s business establishment was 13,394,00, and the Defendant paid half of the profits from the mediation of sexual traffic to female employees, and the remainder was acquired by the Defendant.
Therefore, 6,697,00 won, half of the above card sales, is the defendant of this case.