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(영문) 부산지방법원 2018.10.19 2018노2203
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (7 million won) is too heavy or unreasonable.

2. Article 25 of the Act on the Punishment of Acts, such as Ex officio Mediation, etc. of Commercial Sex Acts, shall be confiscated by a person who has committed a crime, such as brokerage, etc. of commercial sex acts, and any money and valuables or other property acquired by such crime, and if it

The purpose of the collection under the above provision is to deprive 50,00 won (the amount received as the defendant's share of sexual traffic C) for the purpose of eradicating the act of sexual traffic, etc. (see Supreme Court Decisions 2008Do1392, Jun. 26, 2008; 2009Do2223, May 14, 2009, etc.). According to the evidence duly adopted and investigated by the court below and the court below, it is recognized that the defendant obtained the benefit of 50,00 won (the amount received as the defendant's share of sexual traffic 1.30,000 won) for the crime of this case.

Therefore, the judgment of the court below which did not collect KRW 50,00 from the defendant is erroneous in the misapprehension of legal principles as to the necessary additional collection under the Act on the Punishment of Acts such as sexual traffic brokerage, etc.

3. The judgment of the court below is reversed in accordance with Articles 364(2) and 364(6) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is so decided as follows.

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense and Article 19 of the Act on the Punishment of such Acts;

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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