All appeals filed by the prosecutor against the Defendants are dismissed.

1. Summary of grounds for appeal;

A. According to the relevant evidence concerning mistake of facts or misapprehension of legal principles, the defendants' profit amounting to KRW 49,440,00 is recognized as a result of the operation of the instant sexual traffic business establishment. Thus, the defendants' profit amounting to KRW 2,4720,00 (=4,9440,000 ± 2) shall be additionally collected from the defendants.

B. Each sentence (Defendant A: one year of imprisonment, two years of suspended sentence and two years of probation, community service, Defendant B: 10 months of imprisonment, two years of suspended sentence and two years of probation, community service, 200 hours of probation, and 200 hours of community service) on which the lower court sentenced the Defendants of unreasonable sentencing is unfair.

2. Determination

A. The purpose of the additional collection under Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. is to deprive the Defendants of unlawful profits from the said act in order to eradicate the act of arranging commercial sex acts, etc. Therefore, the scope of such additional collection is limited to the profits actually acquired by the offender (see, e.g., Supreme Court Decision 2013Do1470, Jul. 25, 2013). The lower court, based on the adopted evidence, deemed that the amount of the additional collection was proven to have been 1,877,00 won [467 x 4670,00 won (the amount adjusted to be borne by the Defendants per se)] out of the total amount of marina payments received by the instant crime, as stated in its reasoning, and additionally collected KRW 1/2,385,00 from the Defendants.

Examining the record in light of the above legal principles, the fact-finding and judgment of the court below is justified.

We cannot accept this part of the prosecutor's argument.

B. We examine the prosecutor’s assertion of unfair sentencing on the prosecutor’s assertion of unfair sentencing.

There is no criminal conviction exceeding the fine.

All of the crimes are recognized and depthed, and in other words, the instant marina business was discontinued while not committing such crimes.

In this case, approximately two months were detained.

The scope of recommendations according to the sentencing criteria shall be punished by imprisonment for not less than six months.