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(영문) 부산지방법원 2020.11.27 2020노1992
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The judgment below

We reverse the part concerning collection among the penalty surcharges.

65,570,000 won shall be additionally collected from the defendant.

3.2

Reasons

1. Summary of grounds for appeal;

A. The lower court, without excluding the amount paid to a woman engaged in sexual traffic and the profits acquired by his accomplice, ordered the Defendant to collect 106,410,000 won from the Defendant by deeming the full amount of sexual traffic paid to the Defendant during the period of the instant crime as the amount of profit acquired in return for arranging sexual traffic. In so doing, the lower court erred by misapprehending the legal doctrine on the calculation of the surcharge, which affected

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment and fine of ten million won, etc.) is too unreasonable.

2. The assertion of misapprehension of legal principles as to the calculation of the surcharge by the defendant on the calculation of the surcharge is filed only after the appeal period is not timely filed, and it is not a legitimate reason for appeal, but is examined ex officio.

A. The lower court determined that: (a) based on the total amount of sexual traffic deposits deposited in the Defendant’s name bank account (X) from March 1, 2019 to March 18, 2020 during the period of the instant crime, and the amount received by F, a female sexual traffic, from November 6, 2019 to April 19, 2020, the lower court estimated the sexual traffic price paid to the Defendant during the instant crime, and ordered the Defendant to additionally collect KRW 106,410,000 from the Defendant, on the ground that the total amount of sexual traffic payments paid to the Defendant during the period of the instant crime was the amount acquired in return for arranging sexual traffic.

B. The collection of penalty under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. is intended to eradicate acts of arranging sexual traffic and other acts of arranging sexual traffic. Thus, it is reasonable to deem that the scope of the penalty is limited to the profits actually acquired by the offender. The penalty shall be imposed in cases where part of the amount received by the actor, such as arranging sexual traffic, has been paid to the sexual traffic women.

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