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(영문) 서울북부지방법원 2014.11.20 2014노942
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment below

The penalty collection portion shall be reversed.

7,075,000 won shall be additionally collected from the defendant.

The remainder of the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (a fine of KRW 15 million, confiscation No. 1-4 and additional collection of KRW 7.4 million) imposed by the court below against the defendant is too unreasonable.

2. Determination

A. Although the defendant's erroneous determination on the assertion of unfair sentencing is against his depth and there is no record of punishment for the same kind of crime as the instant crime, the court below seems to have imposed a fine of KRW 15 million reduced to a fine of KRW 20 million under the summary order considering the above circumstances in full view of the above circumstances, and the instant crime committed by the defendant is likely to harm women's sex and good morals, and thus, it is highly harmful to society. Therefore, it is necessary to strictly punish the defendant in order to block sexual traffic suppliers and intermediarys, and taking into account the motive and background leading up to the instant crime, circumstances before and after the instant crime, Defendant's age, character, environment, occupation, family relationship, etc., the defendant's punishment imposed by the court below cannot be deemed to be unfair because it is too unreasonable. Thus, the defendant's assertion of unfair sentencing is without merit.

B. According to Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic ex officio with respect to the portion of the judgment below's ex officio, money and valuables or other property acquired by an offender through a crime such as arranging sexual traffic shall be confiscated, and where it is not possible to confiscate, the value equivalent thereto shall be collected. According to the records, the defendant has gained profits of 7.4 million won due to the act of arranging sexual traffic in this case, etc., and 325,000 won (Evidence 2-4) has been seized. Thus, the amount to be collected by the defendant shall be 7.4 million won, which is the remaining amount after deducting 3.25,00 won, which can be confiscated from the defendant's profits.

Nevertheless, the lower court did not deduct this part.

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