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Reasons
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(영문) 인천지방법원 2014.06.20 2014노378
성매매알선등행위의처벌에관한법률위반(성매매알선등)
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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles as to the collection of additional dues of KRW 7.130,00 from the defendant, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment and a fine of five million won, two years of the suspension of the execution of imprisonment, probation, etc.) is too unreasonable.

2. Determination:

A. As to the assertion of misapprehension of legal principles, the additional collection under Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. intends to deprive a woman engaged in sexual traffic for the purpose of eradicating the act of arranging sexual traffic, etc., the scope of the additional collection is limited to the actual acquisition (see, e.g., Supreme Court Decision 2009Do2223, May 14, 2009). According to the evidence duly adopted and examined at the court below, the defendant obtained a total amount of KRW 7.89 million from September 30, 2013 to November 15, 2013, as indicated in the list of crimes in the judgment below, and thereby, has been confiscated in total of KRW 7.89,00,00,000,000,000,000 won x 37971,000 won [379,000 won, in light of the fact that the defendant actually paid to a woman engaged in sexual traffic among customers.

Nevertheless, the judgment of the court below that collected 7.13 million won from the defendant is erroneous in the misapprehension of legal principles as to the calculation of the amount of additional collection, which affected the conclusion of the judgment. The defendant's assertion of legal principles

3. If so, the defendant's appeal claiming a misapprehension of the legal principle is with merit. Thus, without examining the defendant's assertion of unfair sentencing, Article 364 of the Criminal Procedure Act.

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