(영문) 창원지방법원 2017.04.27 2017노168 | 리걸엔진

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(영문) 창원지방법원 2017.04.27 2017노168

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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The judgment below

The part against the defendant shall be reversed.

The defendant shall be sentenced to 8 months of imprisonment with prison labor for the crimes of No. 2.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (the penalty of KRW 6,41,848,00 shall be additionally collected for 8 months, 41, 848,00) is too unreasonable as the punishment of the lower judgment (the penalty of KRW 6,41,848,00 shall be imposed for the

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. Ex officio determination

A. As to the crime No. 2 in the holding of the court below, it is justifiable to collect 29,130,000 won on the ground of an investigation report (the calculation of profits from sexual traffic) stating that "the total sales calculated by the defendant on the basis of the daily ledger of the place of business prepared by the defendant during the business period are 5,340,00 won, the total amount paid to three women of sexual traffic is 25,890,000 won, and since the cash is seized in KRW 320,000, the criminal proceeds to be collected shall be 29,130,000 won ( = 55,340,000 - - 25,890,000 won - - 320,000 won)."

B. However, the lower court’s collection of KRW 12,718,00 for the crimes No. 3 as indicated in the lower judgment is unlawful as follows.

1) The lower court appears to have determined the amount to be collected as KRW 12,718,00 on the ground of an investigation report to the effect that “The ratio of profit distribution to C, Defendant, and F is 40%, 40%, 40%, and 20%, so F is a total of KRW 12,718,00 when calculating the Defendant’s profits by applying the above profit distribution ratio based on the profits remitted by F to C (2nd page of the investigation record No. 272 of the investigation record).”

2) However, at the prosecution, the F stated that “The first time was 40%, 40%, and 20%, but the F changed to 40%, 35%, and 25% on March 15, 2015, and changed to 40%, 30%, and 30% on May 15, 2015, and the Defendant stated that the ratio of profit distribution to C, Defendant, and F was 40%, 30%, and 30% on December 15, 201,” and the Defendant stated that the ratio of profit distribution to C, Defendant, and F was 40%, 30%, and 30% on December 1, 200.”

On the date of Nos. C, the decision of the court below is recognized as the defendant's revenue (won).

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