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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of 10 months and fines of 20,000,000 won, and Defendant B shall be punished by imprisonment with prison labor of 6 months and fine of 6 months.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendants (for defendant A, 10 months of imprisonment, 2 years of suspended execution, and 30 million won of fine, 6 months of imprisonment, 2 years of suspended execution and 10 million won of fine, 2 years of suspended execution and 10 million won of fine, and confiscation) are too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant prior to the determination of ex officio.
A. Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. provides that the money and valuables or other property acquired by a person who has committed a crime, such as arranging commercial sex acts, shall be confiscated, and if it is not possible to confiscate it, the equivalent value shall be collected. The above additional collection aims to deprive him/her of unlawful profits necessary for eradicating the act of arranging commercial sex acts, etc., so it is reasonable to deem the scope of the additional collection
(2) According to the evidence duly adopted and examined by the lower court, “E engaged in commercial sex acts by good offices by the Defendants, received KRW 130,000 per ordinary customer in return for commercial sex acts, and paid KRW 90,000 to Defendant A, who is the business owner, and paid KRW 40,000,00 to the business owner even in case of receiving more than the above amount of money, ② Defendant B manages female employees, and received monthly salary of KRW 150,000 per month, and did not receive profits from the above crime, ③ E received KRW 14,000 from each of the instant crimes, in return for commercial sex acts; and ③ Police Officers received KRW 144,00 from each of the instant charges at the time of seizure.
In light of the above facts, 40,000 won, excluding 100,000 won, E, received in return for sexual traffic, shall belong to Defendant A.