The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of eight months, the suspension of the execution of two years, and the community service work time of 240 hours) is deemed to be too uneasy and unfair.

2. Article 25 of the Act on the Punishment of Acts such as Mediation, etc. of Ex officio Determination of Commercial Sex Acts provides that a person who has committed an offense under Article 19 of the above Act shall confiscate money and valuables or other property acquired as a crime, and if confiscation is impossible, the equivalent value thereof shall be collected.

According to the evidence duly admitted and examined by the court below, the defendant can be found to have received the profit of 2 million won from D, an accomplice of the crime of violation of the Act on the Punishment of Acts, including the Mediation, etc. of Commercial Sex Acts (the brokerage, etc. of commercial sex acts) as stated in the judgment of the court below. Thus, the defendant's defense counsel at the court below also recognized the distribution of the above amount in the summary of oral argument, and the court below erred by omitting it.

3. The judgment of the court below is erroneous in the misapprehension of legal principles as to additional collection, which affected the conclusion of the judgment, and the part of the judgment below is not specified and cannot be reversed only because there is no additional collection portion. Thus, the judgment of the court below is reversed in whole without examining the prosecutor's unfair argument about sentencing (see Supreme Court Decision 2005Do5822 delivered on October 28, 2005), and it is again decided as follows through pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court below and the summary of the evidence are as follows: (a) the facts constituting an offense and the summary of the evidence alleged by the court below are as follows: (b) the facts constituting an offense and the summary of the evidence used by the court below are as follows: (c) the facts constituting an offense and the summary of the facts constituting an offense and the evidence used by the court below are as follows: (d) the facts constituting an offense and the summary of the evidence referred to in Article 369 of the Criminal Procedure Act, i.e., “1. January 24, 2017.” (e., January 25, 2017) -

Application of Statutes

1. Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 30 of the Criminal Act (the brokerage of sexual traffic).