The judgment below

The penalty collection portion shall be reversed.

150,000 won shall be additionally collected from the defendant.

The judgment below

(2).

Summary of Grounds for Appeal

The sentence of the court below is too unreasonable.

Judgment

The judgment of the court below on the assertion of unfair sentencing has determined the defendant's punishment in consideration of the circumstances stated in the judgment on the grounds of the sentencing, and it is reasonable to respect the judgment of the court below in this case where no particular change in the sentencing conditions is found.

In addition, considering the various sentencing conditions shown in the argument of this case, such as the defendant's age, environment, and motive and circumstance of the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

After the expiration of the period for submission of the grounds of appeal, the defendant's defense counsel for ex officio determination of the amount of penalty surcharge claims that the criminal proceeds earned by the defendant in relation to the collection of penalty surcharge are KRW 150,00,000.

The lower court collected 250,000 won from the Defendant as criminal proceeds of paragraph (1) of the Article 2018 Godan5246 of the lower judgment’s decision.

The purpose of additional collection under Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. is to deprive the criminal of unlawful profits in order to eradicate the acts of arranging commercial sex acts, etc. Therefore, it is reasonable to deem that the scope of additional collection is limited to the profits actually acquired by the criminal. If several persons jointly commit an act of arranging commercial sex acts, etc., and if it is impossible to confiscate the money, goods and other property acquired by the crime, the value of the profits actually acquired by the

(See Supreme Court Decision 2014Do7194 Decided August 20, 2014, etc.). According to the evidence duly admitted and examined by the lower court, the fact that B received 350,000 won in return for sexual traffic from sexual purchase South and that the Defendant received 150,000 won out of that fact, and the Defendant received 150,000 won out of that fact, according to the above facts of recognition, the Defendant committed the above crime.