The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

Seized No. 1.

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles as to additional collection of KRW 15,900,00 from the defendant, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination:

A. As to the assertion of misapprehension of legal principles, the additional collection under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic intends to deprive a woman of unlawful profits from the act of arranging sexual traffic in order to eradicate the act of arranging sexual traffic, etc. Thus, the scope of the additional collection is limited to the actual acquisition (see, e.g., Supreme Court Decision 2009Do2223, May 14, 2009). According to the evidence duly adopted and examined by the lower court, the Defendant’s operation of “D” from March 14, 2014 to May 13, 2014, at least four of the average four customers per day with the commission of sexual traffic, and paid KRW 50,00 among them to the women of arranging sexual traffic (see, e.g., Supreme Court Decision 2009Do2223, May 14, 209). In light of the above legal principles, the lower court should have collected the total amount of KRW 300,000,500 (30).

Nevertheless, the court below erred in the misapprehension of legal principles as to the calculation of the amount of additional collection, which affected the conclusion of the judgment, and the defendant's assertion of misapprehension of legal principles as to this point is with merit.

3. If so, the defendant's appeal claiming a misapprehension of the legal principle is with merit. Thus, without examining the defendant's assertion of unfair sentencing, Article 364 (6) of the Criminal Procedure Act is applied.