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(영문) 서울남부지방법원 2017.11.24 2016노2154
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment below

Among them, each part of the additional collection against the Defendants is reversed.

2,806,333 won respectively from the Defendants.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable, that the sentence imposed by the court below (six months of imprisonment, two years of suspended sentence, two years of additional collection, 7,883,000) is too unreasonable.

Defendants are employees, not subject to additional collection.

2. Determination

A. In full view of the circumstances that the lower court rendered on the grounds of sentencing against the Defendants (the need to strictly punish the commission of sexual traffic, the scale of the instant sexual traffic business establishment, the proceeds of the crime, the records of the Defendants’ criminal acts), and all other sentencing conditions in the records and arguments, it is deemed that the sentence (excluding each additional collection part) imposed on the Defendants is deemed appropriate, and it is too unreasonable and unfair.

B. However, according to the evidence duly adopted and examined at the lower court as to the calculation of additional collection charges, 180 to 200 won per month from Defendant B, but there was no experience in operating the same kind of business, and 180 to 20 million won per month from the Defendants. 2 The Defendants directly employ female employees, and received 40,000 won per time from customers, and 25,000 won from them to 30,000 won from them to 30,000 won, and Defendant B stored the sales of the instant commercial sex business establishment in USB. According to the account book, the amount of the sales to 30,00 won to 20,000 won to 30,000 won to 20,000 won to 30,000 won to 30,000 won to 20,000 won to 30,000 won to 30,000 won to 30,000 won to 20.

3. Accordingly, each of the appeals against the Defendants is with merit.

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