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(영문) 청주지방법원 2016.04.15 2016노172
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of two million won.

Defendant

B.

Reasons

1. Summary of grounds for appeal;

A. (i) The amount of additional collection calculated by the lower court by Defendant A, distributed 4,380,000 won, which is distributed to the O arranging the female of sexual traffic (i.e., 1., 1.5 million won per exchange of sexual traffic), 4030,000 won, which is paid to two female members who engage in the marina business without engaging in sexual traffic (i.e., 1., 1.5 million won per exchange of sexual traffic), 6 million won, which is distributed to the N who rents facilities of sexual traffic establishments, should be additionally deducted.

Although there are circumstances, the judgment of the court below did not deduct the above money and calculated the criminal proceeds of the defendant including the above money, which is erroneous in the misapprehension of facts as to the calculation of the additional collection charge, which affected the judgment.

B. The judgment of the court below ordering the collection of 1.8 million won by mistake of the facts as to the calculation of the surcharge, and thereby affecting the conclusion of the judgment, even though there was only a fact that the business place operated by Defendant B would receive 1.8 million won per month and there was no distribution of profits.

B. Each sentence sentenced by the lower court to the Defendants (as for Defendant A, 10 months of imprisonment, 2090, 20930, 2000,000 won, 1.8 million won, 1.8 million won, 1.8 million won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. (1) The lower court ordered the Defendant A to collect additional collection of KRW 20,930,000 for Defendant A, and KRW 1.8 million for Defendant B.

D. The above 20930,090,000 won is the total profit 3,4320,000 won paid to the women of sexual traffic and the remaining amount after deducting 1,1440,000,000 won, which was confiscated, from the total profit 3,4320,000 won paid by the defendant A to the women of sexual traffic, as follows:

[Calculation Form] 20930,090 won = 34320,000 won - (1,14440,000 won) in the course of calculating the amount of such additional collection, the court below held that the above grounds for appeal are the same.

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