Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for six months.
, however, the defendant.
Reasons
1. The summary of the grounds for appeal is too heavy (for defendant A, six months of imprisonment, and for defendant B, one year of imprisonment).
2. Ex officio determination
A. The purpose of the additional collection under Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (hereinafter “the Act on the Punishment of Commercial Sex Acts”) is to deprive the offender of unlawful profits from the act of arranging commercial sex acts in order to eradicate the act of arranging commercial sex acts, etc.
Where several persons jointly engage in an act of arranging sexual traffic, etc., if it is impossible to confiscate any money, goods or other property acquired as a crime, the value of the profit actually acquired by each accomplice shall be additionally collected.
If an individual amount of profit is not known, the whole amount of profit shall be collected equally, and all the amount of profit shall not be collected jointly from all the accomplices.
(see, e.g., Supreme Court Decision 2018Do8657, Jul. 26, 2018). (B)
According to the evidence duly admitted and investigated by the court below, the following facts are revealed.
1) The summary of the facts charged against the Defendants is as follows: (a) the Defendants conspired to commit a business establishment located in Ulsannam-gu C (hereinafter “instant marina business establishment”) between April 11, 2018 and July 20:30, 2018.
(2) The Defendants were exposed to the violation of the Act on the Punishment of Commercial Sex Acts by the police officers belonging to the Ulsan-gu Police Station on July 17, 2018, by regulating the instant marina business around 20:30 on July 20, 2018.
3 Police confirmed the domains on which Defendant A’s post office account number is indicated in the instant marina business establishment, and judged that sexual traffic was paid to the said account, and confirmed the details of the financial transaction.