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(영문) 인천지방법원 2015.05.01 2014노4912
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the amount of profit of Defendant A based on the misunderstanding of legal principles (the amount of profit of Defendant A and the amount of additional collection) is KRW 11,898,00,000 and the amount paid to women engaged in sexual traffic and Defendant B should be deducted, the judgment of the court below which collected KRW 15,00,000 from Defendant A on the basis of only the confession of Defendant A without the evidence is erroneous by misapprehending the legal principles as to additional collection, which affected the conclusion of the judgment

B. The respective sentence of the lower court (Defendant A: imprisonment with prison labor for six months and suspension of execution for two years, additional collection of 15,000,000 won, Defendant B: imprisonment with prison labor for six months and suspension of execution for two years) is too unreasonable.

2. Determination:

A. As to the assertion of misapprehension of the legal principles, whether the subject matter of confiscation or collection is subject to confiscation or collection, or the recognition of the amount of collection is not related to the elements of a crime, and thus, it does not require strict proof. Therefore, if the average daily income can be specified by the Defendant’s statement, if it is possible to specify the daily income by the Defendant’s statement, the part that the Defendant

(2) On July 25, 2013, the following facts are revealed to the effect that: (a) return to the instant case and the following facts recognized by the records are met; (b) Defendant A provided a similar act in the police and the prosecutor’s office; (c) Defendant A provided a commercial sex act to the two average customers per day while engaging in commercial sex acts for 24 hours; (d) monthly sales are KRW 3,000,000 to KRW 4,000,000; (b) Defendant A provided a statement to the effect that he/she provided a commercial sex acts without a female employee while lodging and lodging in the instant case; (b) Defendant B visited the two average customers per day in the police without paying the card; and (c) was paid with cash; and (d) Defendant A provided a statement that he/she, alone, made a statement that he/she provided a commercial sex acts.

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