성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.
, however, the defendant.
1. Summary of grounds for appeal;
A. Although the defendants should additionally collect profits acquired through the intermediation of commercial sex acts, the court below erred by misapprehending the legal principles on additional collection or by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The lower court’s sentence against the Defendants (Defendant A: imprisonment with prison labor for six months, suspension of execution for two years, and fine for three million won) is deemed unreasonable.
2. We examine ex officio the grounds for appeal by the prosecutor ex officio.
In the trial of the court below, the prosecutor applied for the permission to amend the bill of indictment for adding some of the facts charged against the Defendants as stated below (the judgment to be used again). This court permitted the permission, and the part added as above in the alteration of the object of the trial should be sentenced to a single punishment in relation to a single comprehensive crime as stated in the judgment of the court below. Thus, the judgment of the court below cannot be maintained any more.
However, despite the above reasons for ex officio reversal, the prosecutor's assertion of mistake or misunderstanding of the legal principles on the collection of additional dues is still subject to a trial.
3. Determination on the assertion of misunderstanding the facts or misunderstanding the legal principles concerning collection
A. Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts, provides that a person who committed an offense under Article 19 (2) 1 of the same Act shall be subject to the necessary confiscation of money and valuables or other property acquired by the offense, and where confiscation is not possible, the equivalent value thereof shall be additionally collected. According to the evidence duly adopted and duly examined by Defendant A from January 3, 2016 to February 28, 2017, it can be recognized that Defendant A acquired profits of KRW 45,316,30 in total while arranging commercial sex acts from January 3, 2016 to February 28, 201 (additional evidence record Nos. 6,39,43). However, even if the above Defendant should additionally collect profits earned by arranging commercial sex acts, the lower court’s collection is omitted.