The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

Defendant

A.

Summary of Grounds for Appeal

Defendant A’s imprisonment (limited to eight months of imprisonment and fine of thirty million won, and confiscation evidence 1 to 4) of the lower court is too unreasonable.

Defendant

B The sentence of the lower court (two years of suspended sentence in April) is too unreasonable.

According to the court below's records, the court below's decision which did not collect a certain amount of criminal proceeds in favor of the defendant as much as possible, is erroneous in the misunderstanding of legal principles on the grounds that it cannot be calculated as a surcharge, although it is possible to collect a certain amount of criminal proceeds in favor of the defendant by estimating the daily average amount of proceeds.

The sentence of the lower court on unreasonable sentencing is too uneasible and unfair.

Judgment

Defendant

It is advantageous to the fact that the defendant's wrong decision on the argument of unfair sentencing B recognizes his own mistake, and does not exceed the same criminal record or fine.

However, considering the following as a whole: (a) the act of arranging commercial sex acts requires strict punishment because of the lack of social harm, such as the commercialization of women’s sex and harm to the sound sexual culture and good morals; (b) the period of crime is less than six months; and (c) the circumstances leading up to the crime of this case, circumstances after the crime, Defendant’s age, character and conduct, etc.; and (d) the various sentencing conditions specified in the argument of this case, such as the circumstances leading up to the crime of this case, circumstances after the crime, Defendant’s age

The purpose of the collection under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. is to eradicate the acts of arranging sexual traffic in order to eliminate such acts. Therefore, it is reasonable to view that the scope of the collection is limited to the profits actually acquired by the offender. The scope of the collection shall be limited to the cases where part of the amount received by the actor, such as arranging sexual traffic, has been paid to the sexual traffic women.