(영문) 수원지방법원 2015.01.08 2014노6318 | 리걸엔진

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(영문) 수원지방법원 2015.01.08 2014노6318

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

【Judgment on Grounds for Appeal】

1. The summary of the grounds of appeal is that profits earned by the defendant through the crime of this case should be confiscated or collected as necessary by the Act on the Punishment of Acts of Arranging Sexual Traffic, etc.

(Public Prosecutor's misunderstanding of the legal principles) The public prosecutor asserts that the collection of additional tax was omitted in the judgment of the court below, but this is the same.

As to the court below's sentence against the defendant, the prosecutor asserts that the defendant is too uncompared and unreasonable, and the defendant asserts that it is too unreasonable.

(2) Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic provides that a person who commits an offense under Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic 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 examined by the court below, the defendant has operated business for up to 40 days except Sundays between July 7, 2014 and August 21, 2014. The defendant stated in an investigative agency that "If he pays 100,000 won as service price, he/she shall acquire 50,000 won as brokerage cost, and if he/she pays 120,000 won as 1.20,000 won, he/she shall be subject to the average of 3 customers per day" (Article 2014Da4630, 132, 133 of the investigation records).

Therefore, the judgment of the court below which omitted the defendant's profit derived from the arrangement of commercial sex acts should be collected additionally, is erroneous in the misapprehension of legal principles as to additional collection, which affected the conclusion of the judgment, so the prosecutor's assertion

3. As such, the prosecutor’s assertion of legal principles is correct.

참조조문

-성매매알선 등 행위의 처벌에 관한 법률

-성매매알선 등 행위의 처벌에 관한 법률 제25조

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