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. The summary of the grounds for appeal (the penalty of KRW 5,00,000, the penalty of KRW 300,000, the penalty of KRW 300,00) of the lower court is deemed to be too unfluent and unreasonable
2. The collection pursuant to the provisions of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic ex officio prior to a judgment on the grounds of appeal by an ex officio prosecutor is intended to deprive a woman engaged in sexual traffic of unjust enrichment in order to eradicate the acts of arranging sexual traffic, etc. Therefore, in a case where part of the amount that the actor received from his/her customers, such as arranging sexual traffic, has paid to the female engaged in sexual traffic, the scope of the collection is limited to the actual acquisition (see, e.g., Supreme Court Decision 2009Do2223, May 14, 2009). In this case, the defendant paid 40,000 won out of the disposable profit acquired by arranging sexual traffic to a woman engaged in sexual traffic, so the remaining portion should be collected after deducting the amount that has been paid to the female engaged in sexual traffic, among the profits acquired by arranging sexual traffic.
Nevertheless, the court below did not deduct the amount of the surcharge when determining it, and there is an error of law by misunderstanding the legal principles as to the calculation of the surcharge.
3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the prosecutor's allegation of unfair sentencing, on the grounds of ex officio reversal.
(On the other hand, the defendant did not submit the grounds of appeal within the due period for submission of the grounds of appeal after filing an appeal, but the judgment of the court below is reversed ex officio, and thus no separate decision to dismiss an appeal is made). The summary of criminal facts and evidence against the defendant recognized by this court is the same as that of the corresponding column of the judgment of the court below, and thus, they
Application of Statutes
1. Relevant provisions concerning facts constituting an offense;