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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
3,700,000 won shall be additionally collected from the defendant.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (a 1 year of imprisonment, 3700,000 won additional collection) is too unreasonable.
2. We examine ex officio prior to judgment on the grounds for ex officio appeal.
Article 19(2)1 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc. provides that a person who engages in an act, such as arranging commercial sex acts, shall be punished by the punishment. The acts violating the above provision, such as arranging commercial sex acts, are expected to repeat the same act in light of the nature of the constituent elements of the crime. Since several repeated acts are closely related, such as taking place in a single and continuous manner similar to one another at a time and place in the vicinity of the criminal intent, if it is reasonable to evaluate the whole act as one act, each act should be punished as an inclusive crime (see Supreme Court Decision 2016Do19768, Feb. 15, 2017). According to the reasoning of the lower judgment, the lower court, in collusion with C, deemed that “the defendant broker of commercial sex acts, such as arranging commercial sex acts, by December 24, 2016, by December 5, 2016, constitutes a concurrent act between the Defendant and the Defendant’s actual act, etc.
Therefore, according to the evidence duly adopted and examined by the lower court, ① from October 24, 2016, the Defendant: (a) from the instant officetel from around October 24, 2016, caused C to play the role of the so-called “the second president; and (b) assisted sexual traffic with the trade name of “D; and (c) discovered the instant officetel 1314 on November 28, 2016, the police discovered sexual traffic brokerage crime; and (d) was committed as the actual business owner of “D” at the time.
C Only the entry was issued on December 28, 2016, and the summary order of a fine of KRW 5 million was issued on the support for Suwon Friwon Friwon Friwon, and ③ as above, C is the police.