성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (along-term, 1 year of imprisonment, 2 years of suspended sentence, and probation, 120 hours community service order, confiscation, and additional collection 3.25 million won) of the lower court’s punishment (along-term, 1 year of suspended sentence, 2 years of probation)
2. Ex officio determination
A. The purpose of the additional collection under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic is to deprive a woman engaged in sexual traffic of illegal profits in order to eradicate the acts of arranging sexual traffic, etc. Therefore, it is reasonable to deem that the scope of the additional collection is limited to the profits actually acquired by the offender. In a case where part of the amount received from the offender, such as arranging sexual traffic, is paid to the female engaged in sexual traffic, the scope of the additional collection is limited to the actual acquisition. The expenses (such as building rent, taxes, public charges, various operating expenses, etc.) disbursed in the course of performing the acts of arranging sexual traffic, etc. are merely a method of
(See Supreme Court Decision 2008Do1392 Decided June 26, 2008 and Supreme Court Decision 2009Do2223 Decided May 14, 2009, etc.) B.
According to the evidence duly adopted and investigated by the court below and the trial court, the defendant: (1) during the crime period of this case, the defendant arranged 25 customers to engage in sexual traffic; and (2) the defendant received 1,30,000 won from the customers who found the business place to engage in sexual traffic; and (30,000 won to the women engaged in sexual traffic; and (3) the fact that he stated in the investigative agency that he received 1,30,000 won from the customers as the price for sexual traffic; and (2) the defendant stated in the investigative agency to the effect that he received 130,000 won
Examining the above facts in light of the legal principles as seen earlier, the profit actually acquired by the Defendant in return for the instant arrangement of commercial sex acts is KRW 1,320,000 [the gross sales amount of KRW 3,250,000 [the gross sales amount of KRW 3,250,000 x 25), - the profit forfeited as KRW 1,90,000 per 3,00 won.