The judgment below

Among them, the part of confiscation against Defendant A shall be reversed.

Nos. 2 and 3 of seized evidence A from Defendant A.

1. Summary of grounds for appeal;

A. The evidence Nos. 2 and 3, which was seized by the above Defendant A1, should be confiscated as an article provided for criminal acts, but the lower court omitted the confiscation.

2) The lower court’s sentence against the above Defendant (one year and four months of imprisonment, and three years of suspended execution) is too unhued and unreasonable.

B. The lower court’s sentence (five million won in penalty) against Defendant E is too unhued and unfair.

2. Determination

A. According to the evidence duly adopted and examined by the court below, each mobile phone (Evidence No. 2 and 3) confiscated by the above defendant is owned by the above defendant, and the above defendant was used as the so-called "colphone" in operation of the news room of this case and contact with sexual traffic brokers and sexual traffic women.

In addition to these circumstances, the confiscation under Article 48 (1) 1 of the Criminal Code is discretionary, but each of the above mobile phones is not subject to confiscation because personal information, such as contact information of sexual traffic intermediary business establishments and sexual traffic women, is stored, so the possibility of recidivism by the above defendant cannot be ruled out. In light of the general fact that the above things provided to criminal acts in the same kind of case are confiscated, the court below's failure to confiscate each of the above mobile phones without any special reason is an error of law that affected the conclusion of the judgment by deviating from the limit of discretion on voluntary confiscation.

Therefore, this part of the prosecutor's argument is justified.

2) Illegal sentencing factors, and the above Defendant sent the above women to the business place where 30 sexual traffic is arranged, while managing the female sexual traffic for a considerable period of time.

It is not only possible to arrange commercial sex acts of the above businesses, but also the operation of businesses directly for the purpose of arranging commercial sex acts, etc., which are continuously and led to the crime of arranging commercial sex acts.