The judgment below

The penalty collection portion shall be reversed.

10,800,000 won shall be additionally collected from the defendant.

The remainder of the defendant.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court is too unreasonable and unfair, and the surcharge was calculated excessively compared to the actual benefit amount.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the calculation of the amount of additional collection against the Defendant, the lower court deemed that the Defendant’s profit obtained by committing a crime of violation of the Act on the Punishment of Acts, such as the Mediation, etc. of sexual traffic in this case was KRW 13.5 million [the average number of business days from June 15, 2016 to November 10, 2016] ¡¿ 5 months] ¡¿ 15 days (the average number of business days from June 15, 201) ¡¿ 180,000 won (the amount acquired by the Defendant out of the daily average sales amount)], and ordered the Defendant

In light of the following circumstances acknowledged by the evidence adopted by the lower court, namely, that the Defendant: (a) leased Nos. 302 and 306 to arrange the instant sexual traffic around June 15, 2016; (b) started operating a KIKO room business from around November 10, 2016 to around November 15, 2016; (c) the actual operating day during the said period was the average 15th day of the month; (d) the average daily sales day was at least KRW 50,000; and (e) the profits earned by the Defendant excluding female employees’ share during the said sales day are the average 180,00 won per day; and (e) the lower court determined that the basis for calculating the additional collection is appropriate, except for the portion calculated as five months’ period of business short of five months per day.

Therefore, by recognizing the defendant's business period of four months only, the collection amount is 10,80,000 won (=4 months (from the end of June to the end of November 10, 2016) 】 15 days (average number of days of business per month) 】 180,000 won (amount acquired by the defendant out of the average daily sales).

Therefore, this part of the defendant's assertion is justified only within the above scope.

B. As to the wrongful argument of sentencing between both parties, the crime of this case is not likely to be committed by the defendant to arrange sexual traffic for the business of employing E, etc., and to force sexual traffic by threatening F as a juvenile. In particular, the defendant is correct.