The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this judgment.

【Judgment on Grounds for Appeal】

1. The summary of the grounds for appeal is that the court below did not impose an additional collection on the grounds that the defendant could not specify the gains actually acquired. The court below erred by misapprehending the legal principles on additional collection, which affected the conclusion of the judgment.

(Legal Formios). The sentence of the court below (one hundred months of imprisonment, two years of suspended execution, fine of ten million won, confiscation, and community service order of 80 hours) is too uneasy and unreasonable.

2. Determinations. 2. Determinations. Whether or not subject to confiscation or collection, or recognition of the amount of collection does not require strict certification, but if it is impossible to specify criminal proceeds subject to confiscation or collection, it shall not be collected.

(See Supreme Court Decisions 91Do346 delivered on June 22, 1993, 2008Do1392 delivered on June 26, 2008, etc.). The court below stated that the defendant had seven customers at the place of business seized by the defendant at a commercial sex business establishment on June 18, 2013 (No. 431 of the Investigation Records), the defendant stated that he had five customers at an average of 10 days per day, and the defendant had five customers at an average of 10 days per day (see, e.g., Supreme Court Decisions 90Do3346 delivered on June 22, 1993; 208Do1392 delivered on June 26, 208). The following circumstances acknowledged by the evidence duly adopted and investigated by the court below: