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(영문) 수원지방법원 2016.05.26 2015노6385
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles - The Defendant stated that the profit gained by operating the “E” business on the D2 floor in Suwon-si, Suwon-si, as well as the profit gained by operating the “E” business on the 2,380,000 won is included not only in the profit arising from the crime of arranging sexual traffic in this case but also in the profit gained from the general customer in the above business place. Thus, the profit arising from the crime of arranging sexual traffic in this case is less than 23,80,000

Nevertheless, the court below erred by misapprehending the legal principles on the calculation of the amount of additional collection, or by misunderstanding the fact that the court below sentenced the defendant to collect additional collection in consideration of the profits from the crime of arranging sexual traffic of this case as 23.8 million won based on the above statement of the defendant.

B. The punishment sentenced by the lower court (six months of imprisonment, two years of suspended execution, two years of community service, 80 hours) is too unreasonable.

2. Determination

A. If a summary order becomes final and conclusive on the grounds of ex officio judgment on the grounds of appeal, prior to the issuance of the summary order, with regard to part of the crime in which a single comprehensive crime was committed, the judgment of acquittal shall be rendered on the basis of the time when the summary order was issued, and thereafter, the crime shall be punished only for the subsequent crime (see Supreme Court Decision 94Do1318, Aug. 9, 1994, etc.). The summary of the facts charged in the instant case is as follows: “The Defendant, from April 28, 2014 to March 21:50, 2015, operated “E” (hereinafter “business establishment in this case”) on the Suwon-gu D2nd floor from around May 28, 2014 to around March 21: 20, 2000 customers receiving KRW 100,000 from customers on the face of her, and had them receive sexual traffic from 100,000 to 25,250 women and the Defendant 20.

However, according to the records of this case, the Defendant was from the Suwon Friwon on July 9, 2014.

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