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(영문) 수원지방법원 2015.05.27 2014노6928
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The decision of the court below on the gist of the reasons for the appeal by the prosecutor (two years of suspended sentence in six months of imprisonment, and probation) is deemed to be too unhued and unfair.

2. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. provides that a person who has committed an offense, such as arranging sexual traffic, shall confiscate the money, goods or other property that he/she has gained through such offense, and if it is impossible to confiscate such money, goods

The purpose of the additional collection under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic is to deprive the women engaged in sexual traffic of illegal profits in order to eradicate the acts of arranging sexual traffic, etc. Therefore, it is reasonable to view that the scope of the additional collection is limited to the profits they actually acquired. The additional collection is limited to the amount actually acquired in cases where part of the amount they have received from them, such as arranging sexual traffic, has been paid to them. The additional collection is limited to the amount actually acquired, and the additional collection is merely a method of consuming the money and valuables acquired in return for the acts of arranging sexual traffic, etc.,

(See Supreme Court Decision 2008Do1392 Decided June 26, 2008, Supreme Court Decision 2009Do2223 Decided May 14, 2009, etc.). According to the evidence duly adopted and examined by the lower court, the Defendant has operated a commercial sex business establishment for about three months from March 15, 2014 to June 17, 2014, and the Defendant stated in an investigative agency that “The Defendant has 30 persons a monthly average of 30 persons, received KRW 110,00 from customers, and paid KRW 60,00 won to the female sex business, and acquired KRW 50,000,000,000,000,000 won, which is the aggregate of profits earned by the Defendant from the instant commercial sex acts, i.e., the average customer 30,000 x 50,00 won per customer x 33 months.”

(e).

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