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(영문) 수원지방법원 2013.09.25 2013노3716
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The lower court collected KRW 44 million from the Defendant, but the Defendant collected KRW 44 million from each of the instant sexual traffic businesses, and the Defendant is the “E” located in the Da 3th floor of Silung-si, Silung-si, the instant sexual traffic business establishment.

for six months and for six months and for three months, for which there is no trade name in Suwon-si M and 201; hereinafter referred to as "water-source sexual traffic business establishment".

In light of the fact that the employee’s salary, monthly rent, management expenses, and other expenses were deducted for three months, the net income actually earned is merely 3 million to four million won per month, the recognition of the additional collection amount is based on strict proof, but there is no clear ground for imposing the additional collection charge, except the interrogation protocol prepared by the prosecutor with respect to the defendant and F, and the defendant has no criminal records for the same kind of crime, etc., the court below’s punishment (the amount of imprisonment for 10 months, confiscation, additional collection 40 million won is too unreasonable).

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Ex officio determination

A. Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. does not mean the money and goods provided as compensation for the arrangement of commercial sex acts, etc., and it does not mean the remaining amount after deducting necessary expenses, etc. required for such act.

(2) In light of the above legal principles, the Defendant’s act of arranging sexual traffic, etc., and the Defendant’s act of arranging sexual traffic, etc. (see, e.g., Supreme Court Decisions 2007Do1768, Jul. 12, 2007; 2007Do1768, Jul. 12, 2007; 200Do1768, Apr. 12, 2007).

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