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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment of two years and six months, and by imprisonment of one year and six months, respectively.
Reasons
1. The summary of the grounds for appeal (unfair sentencing: ① imprisonment of three years, 117, 657, 500 won, and ② imprisonment of two years, 117, 657, 500 won, respectively) of the lower court is too heavy or too unreasonable.
2. The Defendants asserted to the effect that the judgment below erred by misapprehending the legal principles as to the calculation of the amount of additional collection.
Although the above assertion is written in the defense counsel's written opinion submitted after the appeal is not timely filed, it is understood that the defense counsel of the Defendants urged the court to make ex officio decisions on this issue. Thus, it is examined ex officio as to the legitimacy of the argument.
A. We examine the grounds for appeal ex officio before determining the grounds for appeal.
The purpose of the 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. Therefore, it is reasonable to view that the scope of the collection is limited to the profits actually acquired by the criminal. The scope of the collection is limited to the profits actually acquired by the criminal except for the expenses paid to the sexual traffic women's employees and the massages, and the expenses paid in the course of performing the acts of arranging commercial sex acts, etc. (such as building rents, taxes, public charges, various operating expenses, etc.) are merely a method of consuming the money and valuables acquired in return for the acts of arranging commercial sex acts, etc.
(see, e.g., Supreme Court Decision 2008Do1392, Jun. 26, 2008; Supreme Court Decision 2014Do10735, Nov. 27, 2014). Whether there exists any benefit from actual acquisition, which is subject to confiscation or collection, and the recognition of the amount to be collected as such, is strict as it does not relate to the constituent elements themselves.