The judgment below

Among them, the part of additional collection against the defendant shall be reversed.

8 million won shall be additionally collected from the defendant.

Summary of Grounds for Appeal

The punishment of the court below against the defendant (two months of imprisonment, additional collection 20 million won) is too unreasonable.

(2) The lower court’s argument that there was an error of mistake of facts against the elements of sentencing is ultimately an allegation of unfair sentencing. Compared to the first instance court’s determination of unfair sentencing, there is no change in the conditions of sentencing, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the following: (a) there is no new circumstance to consider sentencing after the sentence of the lower judgment; (b) the size and operation period of a commercial sex business establishment operated by the Defendant is considerable and is not short; (c) the Defendant committed the instant crime during the period of suspension of execution; and (d) the Defendant committed the instant crime during the period of suspension of execution; and (b) all the conditions of sentencing as shown in the pleadings, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the

Therefore, the defendant's assertion is without merit.

After the expiration of the period for submission of the grounds of appeal, the defendant's defense counsel for ex officio determination of the amount of penalty surcharge claims that the criminal proceeds earned by the defendant in relation to the collection of penalty surcharge KRW 7.5 million are examined ex officio.

The lower court collected 20 million won from the Defendant as criminal proceeds of the crime of Article 1 of the Criminal Act as indicated in the lower judgment.

The purpose of the collection under Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. is to deprive the women of unjust enrichment in order to eradicate the acts of arranging commercial sex acts, etc. Therefore, the scope of the collection is limited to the actual acquisition and the acts of arranging commercial sex acts are jointly conducted by several persons.