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(영문) 대전지방법원 2015.10.08 2015노901
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for eight months, suspension of execution for two years, and community service order) is too unreasonable.

2. In accordance with Article 25 of the Act on the Punishment of Acts of Arranging Commercial Sex Acts, Etc. and Article 48(1)1 of the Criminal Act, the lower court sentenced the Defendant to confiscate the evidence Nos. 1 (Chapter 3 of 50,000,000,000) and No. 2 (Chapter 16 of the Bank of Korea, which are issued by the Bank of Korea).

Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. provides that "the money and valuables or other property gained by a person who has committed a crime of arranging commercial sex acts shall be confiscated, and if it is impossible to confiscate it, the equivalent value shall be collected."

The purpose of the above additional collection is to deprive a female in sexual traffic for the purpose of eradicating the act of arranging sexual traffic, etc., so the scope of additional collection is limited to the actual acquisition of the offender, and the scope of additional collection is limited to the actual acquisition of a female in sexual traffic (see Supreme Court Decision 2009Do2223, May 14, 2009). According to the evidence duly adopted and investigated by the court below, D, which engaged in sexual traffic through the defendant's intermediation, receives commercial sex acts in return for the amount of KRW 90,00 or KRW 40,000,000,000,000,000,000, out of the amount of money, KRW 26,27,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).

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