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(영문) 의정부지방법원 2016.02.18 2016노57
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. The judgment below is reversed.

2. Defendant A

A. Defendant A shall be punished by imprisonment with prison labor for one year;

(b) an annex seized;

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (unfair sentencing: imprisonment of 1 year and 2 months, confiscation/Defendant B’s imprisonment of 6 months, / additionally collection of 96,168,746 won from the Defendants) is too unreasonable.

2. Ex officio determination (additional collection);

A. Prior to determining the grounds for appeal by the Defendants, we examine the lower court’s decision on the additional collection ex officio.

B. Where several persons jointly commit an act, such as arranging commercial sex acts, and it is impossible to confiscate money, goods, or other property acquired from the relevant crime, the value of the actual profits that each accomplice has acquired shall be additionally collected, and where the individual benefits cannot be known, the total amount of benefits shall be equally divided and additionally collected, and where all accomplices jointly and severally collect all the amount of benefits from all the accomplices (see Supreme Court Decision 200Do223, May 14, 2009, etc.).

In light of the records, since individual benefit amount among the defendants cannot be known, 96,168,746 won from the defendants' act of arranging sexual traffic, etc. shall be divided by 1/2, and 48,084,373 won from the defendants shall be collected (i.e., 96,168,746 won/2). However, the court below ordered the defendants to additionally collect 96,168,746 won from the defendants. The court below erred by misapprehending the legal principles on additional collection, which affected the conclusion of the judgment.

(d)

Therefore, the portion of the lower judgment’s collection cannot be maintained any longer.

3. Judgment on the grounds for appeal

A. The Defendants are recognized as: (a) the Defendants leased 7 debentures of officetels and run an office commercial sex acts for a considerable period of time; (b) the gains accrued from the instant crime are also significant; and (c) the Defendants are under the control of commercial sex acts on June 3, 2015 and October 4, 2015; (b) the Defendants continued to operate commercial sex acts until they are subject to the control of commercial sex acts on October 21, 2015; and (c) Defendant A has been punished twice by a fine for the same type of crime.

B. However, the Defendants led to confession and reflect on the instant crime.

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