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(영문) 서울중앙지방법원 2013.06.13 2013노1203
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred in calculating the additional collection amount.

B. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment, confiscation, additional collection of 312 million won) is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of misapprehension of legal principles, the additional collection under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic intends to deprive the criminal of unlawful 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 actually acquired by the criminal. However, since the expenses, such as taxes, etc. paid by the criminal in the course of performing the acts of arranging sexual traffic are only one way to consume the money and valuables acquired in return for the act of arranging sexual traffic or to justify

(2) According to the evidence duly adopted and examined by the lower court, the Defendant operated 17 of each of the instant sexual traffic businesses from March 3, 2012 to September 22, 2012 as co-offenders, and operated 4 of five businesses together with D, E, and AB. The total daily sales of each of the instant sexual traffic businesses are KRW 5 million, and approximately KRW 300 to 4 million among them are paid to the women of sexual traffic. Each of the instant sexual traffic businesses was operated in the form of 26th day business and 4th day business as of September 30, 201, and the Defendant is employed by the Defendant as co-offenders, and the Defendant’s co-offenders and co-offenders, who are in charge of cleaning and cleaning, etc., under the direction of the Defendant’s co-offenders and co-offenders.

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