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(영문) 광주지방법원 2017.09.27 2017노638
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendants (1) misunderstanding of the facts pertaining to the additional collection by Defendant A (A), the lower court ex officio followed only a part of Defendant A’s prosecutor’s statement at the prosecution and subsequently found the additional collection by Defendant A to be 85.9 million won [=87.2 million won = 4.8 million won [=4.8 million won from June 1, 2015]

9. Business period of up to 30. 120 days 】 (120 days per day average customer 】 40,000 won per suspect 】 (i.e., 90 days business period from October 1, 2015 to December 31, 2015 】 4 days average customer per day x 40,000 won per suspect) 36 million won (= from January 1, 2016 to the same year);

3. The business period from April 1, 2016 to April 21, 2016 】 90 days 】 32 million won (i.e., 20 days of business period from April 1, 2016 to 20, average customer 40,000 won x 40,000 won per day). The following circumstances revealed by the records of this case - Defendant A operated the instant sexual traffic business from June 2015 to April 21, 2016; Defendant A operated the instant sexual traffic business establishment from June 2015 to April 21, 2016; Defendant A did not properly publicize the above sexual traffic business establishment; Defendant A received a large number of customers due to the lack of public relations; Defendant A’s profits acquired through sexual traffic brokerage x 20,000 won per customer 1 to 40,000 won per day; and Defendant A did not have any influence on Defendant A’s collection in light of the degree of KRW 401 to 4.

(B) The punishment sentenced by the lower court to Defendant A (one year of imprisonment, three years of suspended execution, confiscation, additional collection KRW 85.9 million) is too unreasonable.

(2) The punishment sentenced by the lower court to Defendant B (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below to Defendant A is too unhued and unreasonable.

2. Determination

A. (1) Whether the part against Defendant A is subject to confiscation or collection as to Defendant A’s assertion of mistake as to the collection of additional collection, and the recognition of the amount of additional collection is subject to the elements of crime.

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