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(영문) 대구지방법원 2017.11.24 2017노2903
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment below

Among them, the part of additional collection against Defendant A shall be reversed.

Defendant

A 535,262,00 won shall be additionally collected.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1) The criminal proceeds of the Defendant’s crime of this case (i.e., KRW 59,170,000,000, the criminal proceeds of this case (i.e., KRW 438,750,000, the criminal facts of this case related to KRW 59,170,000), which were acquired by the Defendant as to the crime of this case (i.e., KRW 638,750,00). Nevertheless, the lower court erred by misapprehending the facts as to the surcharge.

2) The sentence sentenced by the lower court (2 years of imprisonment, confiscation, additional collection of KRW 638,750,00) is too unreasonable.

B. Defendant C’s punishment (le to KRW 5,00,000) sentenced by the lower court is too unreasonable.

(c)

The punishment sentenced by the court below against Defendant B (the imprisonment of six months, the suspension of the execution of two years, the community service order 120 hours, the order to attend a course 24 hours, the order to prevent sexual traffic, the confiscation) is too uneasy and unreasonable.

2. Determination

A. The lower court determined as to Defendant A’s assertion of facts. ① With respect to the instant criminal facts No. 1, the lower court deemed that: (a) the said Defendant’s statement at the prosecutor’s office that “the level of KRW 200,000,000” was about KRW 200,000; and (b) the instant criminal facts No. 2) deemed the period of the instant crime as nine months; (c) the average number of customers per day is KRW 25,50,000, KRW 438,750,00 (250 x 65,000 x 30 x 30 x 90 x 30 x 9 x 30 x 9 x 100 x 200,000 x 201 , 305 01 , 207 ; and (d) the Defendant appears to have collected evidence of the instant case as evidence No. 1, 301,2001.70.

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