(영문) 수원지방법원 2015.10.23 2015노3880 | 리걸엔진

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(영문) 수원지방법원 2015.10.23 2015노3880

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The amount of additional collection (27920,000 won) for this period of time by the court below is not only unlawful since it is based only on the confession of the defendant, but also excessive.

B. The sentence imposed by the lower court (two years of suspended execution, community service, 120 hours, confiscation, additional collection 2,7920,00 won) is too unreasonable.

2. Determination

A. The lower court’s determination on the assertion of misapprehension of the legal doctrine is based on the following circumstances acknowledged by the evidence duly investigated and admitted by the lower court, namely, the Defendant, when receiving KRW 80,00 from the customers, provided KRW 40,000 per day to the female sexual traffic, and the remaining KRW 40,000 per day, and the customer was led to business for approximately KRW 2-3 days every month, and the customer was led to business for approximately 25 days, and whether the subject of confiscation or collection is subject to confiscation or collection, or the recognition of collection amount is not related to the facts constituting the crime, and there is no need for

In light of the above evidence, the Defendant’s average monthly profit of KRW 80,000,00 (=80,000 x 25 days) when the Defendant was seized from the Defendant at the instant site, which was based on the premise that the average monthly profit of KRW 160,000 from the end of September 2013 to November 19, 2014 is KRW 2,00,000,000,000, based on the fact that the Defendant’s statement was made by an investigative agency, the calculation of this part of the penalty by the lower court is lawful.

B. It is favorable for the defendant to make a judgment on the assertion of unfair sentencing to the effect that he/she confessions and reflects his/her business, and closes down the business of this case.

However, the defendant seems to have operated for a long time, and even if he had been punished for the same crime at the same place, he/she continues to commit the crime of this case and other unfavorable circumstances.

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