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(영문) 서울중앙지방법원 2021.03.19 2020노3458
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

this Court shall be confiscated as 1854 early 2020.

Reasons

With respect to the summary of the grounds for appeal (unfair sentencing) sentenced by the court below, the prosecutor asserts that the prosecutor is too unfied and unfair, and that the defendant is too unfair, and that the defendant is too unreasonable.

2. Prior to the judgment on the above reasons for appeal as to confiscation and surcharge ex officio, we examine the above reasons for appeal ex officio.

A. The lower court, as to confiscation, forfeited the evidence Nos. 1 to 5 of the Seoul Central District Prosecutor’s Office No. 4038, 2020 from the Defendant.

However, according to the records, the above Nos. 1 through 5 are recognized as being money and valuables possessed by the women of sexual traffic and the head of the Tong for entry and departure.

When the defendant forfeits money and valuables acquired as a result of the crime of arranging sexual traffic pursuant to Article 25 of the Act on the Punishment of Acts, such as the Mediation, etc. of Commercial Sex Acts, the female sexual traffic shall not be deemed an accomplice in the act of arranging sexual traffic, and Article 25 of the above Act does not include Article 21 of the above Act, which is a penal provision for the punishment against the female sexual traffic, so the money received by the female sexual traffic shall not be confiscated pursuant to Article 25 of the above Act, and

Therefore, the judgment of the court below is erroneous by misapprehending the legal principles as to confiscation.

B. In calculating the Defendant’s additional collection charge due to the “P” business among the instant crimes, the lower court calculated the Defendant’s annual average net income of KRW 320,00 (=80,000 (=320,000) x 4 average customer) based on the premise that the Defendant’s net income per day is KRW 320,000 (i.e., KRW 15,360,000 (=320,000 x 48 days)) (i.e., KRW 3,960,000), and the remainder of KRW 1,40,000,000, other than the cash confiscated on the enforcement day.

However, according to the records, the defendant received 80,000 won from customers and provided 40,000 won to AC. B courses with 100,000 won and 50,000 won.

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