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(영문) 서울서부지방법원 2018.12.13 2018노831
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding the legal principles and misunderstanding the Defendants received KRW 90,000 per day due to the commission of the instant sexual traffic brokerage, so even though the profits calculated by each of the Defendants [90,00 won x number of working days] should be collected additionally, the lower court’s omission of such profits is erroneous by misapprehending the legal principles and misunderstanding of facts.

B. The lower court’s sentence against the illegal Defendants (Defendant A, C: each of the imprisonment of April, 2 years of suspended execution, 160 hours of community service work, Defendant B: fine of one million won) is too unfluent and unfair.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the money and valuables or other property acquired by a person subject to punishment pursuant to Article 19 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, etc. shall be subject to confiscation and collection pursuant to Article 25 of the Act on the Punishment of Acts, Etc., and the above additional collection aims to deprive the persons of unlawful profits and prevent them from holding them. Thus, in a case where profits are gained by jointly similar acts, the amount of money distributed, that is, the profits actually accrued, shall be collected individually. Meanwhile, even if the expenses paid by the criminal to obtain criminal profits have been disbursed from the criminal profits, they are not merely a method of consuming criminal profits, and thus, it shall not be deducted from the criminal profits to be collected (see, e.g., Supreme Court Decisions 2008Do1312, Jun. 26, 2008; 2015Do3351, Jul. 23, 2015).

(2).

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