2011Do13739 Violation of the Punishment of Acts of Arranging Sexual Traffic Act

(A) Arrangement of sexual traffic, etc.

1. ○○;

주거 원주시 ▥▥▥ ▥▥▥ ▥▥

2. Kim○-○

주거 원주시 ■■■ ■■

Defendants

Chuncheon District Court Decision 2011No371 Decided September 28, 2011

December 22, 2011

All appeals are dismissed.

The grounds of appeal are examined.

The purpose of collection under Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. is to deprive the criminal of unlawful profits in order to eradicate the acts of arranging commercial sex acts, etc. Thus, it is reasonable to deem that the scope of collection is limited to the actual profits acquired by the criminal. However, since the expenses, such as taxes, etc. incurred by the criminal in the course of performing the acts of arranging commercial sex acts, are only one way to consume the money and valuables acquired in return for the acts of arranging commercial sex acts or to justify his/her acts, the collection shall not be deducted from the amount of collection (

14. See, e.g., Supreme Court Decision 2009Do223, supra)

The lower court determined that the Defendants’ act of providing alcoholic beverages and accommodations to customers sexual traffic is not a deduction from the amount of additional collection on the grounds that it is included in the act of arranging sexual traffic through the operation of entertainment taverns or an act incidental thereto and is merely an act of arranging sexual traffic.

In light of the above legal principles and records, the judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of the legal principles as to collection under the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeon Soo-ahn

Justices Yang Chang-soo

Note Justice Lee Sang-hoon