성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
, however, against the defendant.
1. The summary of the grounds for appeal is unreasonable because the penalty imposed by the court below against the defendant (two years of suspended execution, probation, confiscation, and additional collection in 10 months of imprisonment) and in particular, additional collection in 2320,000 won are too unreasonable.
2. Determination
A. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic provides that money and valuables or other property acquired by a person who commits a crime, such as arranging sexual traffic, shall be confiscated, and if confiscation is impossible, the value thereof shall be additionally collected. The above provision aims to deprive the criminal of his/her unlawful interests in order to eradicate the act of arranging sexual traffic, etc. In addition, it is reasonable to deem that the scope of the collection is limited to the profits actually acquired by the criminal (see, e.g., Supreme Court Decision 2009Do223, May 14, 2009). Furthermore, it is not necessary to prove that whether the subject of confiscation is subject to confiscation or the recognition of the amount of collection is not related to the elements of the crime, and it is also necessary to prove it based on evidence (see, e.g., Supreme Court Decision 2008Do1392, Jun. 26, 2008).
Even if the defendant has arranged and received brokerage fees for sexual traffic of female helpers, this constitutes "money and valuables or other property acquired by a person who has committed a crime of arranging sexual traffic, etc." and thus, confiscation shall be levied.