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(영문) 서울중앙지방법원 2019.10.17 2019노2157
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

Defendant

The judgment of the court below against A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and two months.

The seizure of articles 1 to 1.

Reasons

1. Summary of grounds for appeal;

A. The evidence submitted by the prosecutor alone is not sufficient to specify the profits earned by the Defendants in the course of operating marina business establishments, but there is an error of law by misapprehending the legal principles as to additional collection. 2) Each sentence of the lower court (the imprisonment of August, 200; the imprisonment of June, 200: the suspension of execution of execution of the sentence of two years) is too unreasonable.

B. The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.

2. Determination

A. Determination as to the claim on the additional collection portion 1) The money and valuables and other property acquired by a person who committed a crime under Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. shall be confiscated, and if it is impossible to confiscate it, the court shall additionally collect the value thereof (Article 25 of the same Act) and the recognition of the amount of additional collection does not require strict certification (Supreme Court Decision 2007Do7319 Decided November 15, 2007) (see Supreme Court Decision 2007Do7319, Nov. 15, 2007). In other words, the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below by Defendant A, which are "C", which was investigated by the public prosecutor, the size of the Dama branch(No. 1), ADma branch(No. 4) and Hma branch(No. 5) was similar, but all of which was settled in the name of ADma branch and the head of Ma.

Dmast and Hmast's sales are similar, and average nine customers per day were visited.

In the case of ADma Myle site, 12 customers on an average of the day were visited, and 14 persons on an average were frequently visited in January.

The price of marina paper is average 80,000 won, and if it is divided into the head of marina office and 5:5, the profit of the business establishment is 40,000 won per customer.

The total amount of profits accruing from three marina business places engaged in sexual traffic shall be 4.

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