성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
The seizure of articles 1 through 7 shall be confiscated.
1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, confiscation and collection KRW 18,685,00) is too unreasonable.
2. The act of arranging sexual traffic does not have a significant social hazard, such as harming the sound sexual culture and good morals by commercializing women's sex, and requires a simple and severe punishment to prevent the spread of illegal sexual traffic business establishments and to establish a sound sexual culture, and the Defendant has committed the crime of this case again without being aware of the history of having already been subjected to suspended execution two times due to the same crime, and the period of the crime is not shorter than the period of the crime, and the criminal proceeds are also deemed to be considerable.
However, in full view of the following: (a) the Defendant led to the instant crime; (b) the closure of the instant sexual traffic business establishment on December 19, 2014; and (c) the fact that the instant sexual traffic business establishment is going not to operate the sexual traffic arranging business; and (d) other various sentencing conditions shown in the records and arguments, such as the Defendant’s age and happiness environment; and (b) the circumstances before and after the instant crime, the lower court’s punishment against the Defendant is somewhat unreasonable.
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 30 of the Criminal Act;
1. Article 48 (1) 1 of the Criminal Act, Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;
1. The amount additionally collected under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic = 18,685,00 won = Total profits earned by the defendant for the crime of this case; and