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1. The part of the lower judgment against the Defendants is reversed.
2. A. Defendant A is punished by imprisonment with prison labor for not less than two years and a fine.
Reasons
1. Summary of grounds for appeal;
A. Legal principles 1) Defendant A, B, H, I, J, K, L, and the Defendants did not actually acquire sexual traffic, and even if they did so.
Even though the evidence submitted by the prosecutor cannot be specified, the court below calculated a surcharge against the Defendants on the basis of each investigation report, which is an inadmissible evidence, and thus, the court below erred by misapprehending the legal principles on the calculation of additional collection charges, etc.
2) Defendant U.S. U was received from Defendant A in the prosecutor’s office.
The judgment of the court below which calculated the collection charge based on the total sum of the above telecom, even though the amount not actually paid, and regardless of commercial sex acts, the customers who are drunkly drunk or whose house is located far away, the sales division of the main place, and the female employees are included, but the amount of the surcharge is calculated based on the calculation of the collection charge.
3) Although the total amount of KRW 300,000 received by the Defendant A by the public prosecutor, deeming only KRW 200,000 as compensation for commercial sex acts, the judgment of the court below that calculated the surcharge on the basis of 10% among them is erroneous in the misunderstanding of legal principles as to the calculation of surcharge.
B. Sentencing 1) The sentence of the lower court against the Defendants is as follows: (a) the penalty of imprisonment of two years and fine of 30 million won; (b) imprisonment of 5.6 million won; (c) imprisonment of four months; (d) imprisonment of four years; (e) imprisonment of one year; (e) imprisonment of one year; (e) imprisonment of one year; (g) imprisonment of one year; (d) imprisonment of one year; (e) imprisonment of one year; (g) imprisonment of two years; (e) imprisonment of two years; (g) imprisonment of two years; (g) imprisonment of two years; (g) imprisonment of two years; (g) imprisonment of one year; (g) imprisonment of one year; and (g) imprisonment of 7.9 million won; and (J of one year; (g) imprisonment of six months; (g) imprisonment of one year; and (g) imprisonment of one year; and (g) fine of one million won; and (g) imprisonment of one year; (g) imprisonment of one year; and (g) imprisonment of a fine of one million won;