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Defendant
All appeals filed by A and D and prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) The Defendant’s misunderstanding of the facts as to the instant crime is 8 million won in total, and 4 million won in total is distributed to the women of sexual traffic, and the Defendant’s profit is 4 million won in total. Nevertheless, the lower court erred by misapprehending the facts about the surcharge.
2) The sentence sentenced by the lower court to the Defendant (the penalty amounting to five million won, confiscation, and collection KRW 7050,000) is too unreasonable.
B. Defendant D’s punishment (a punishment of KRW 3 million) imposed by the lower court on the Defendant is too unreasonable.
(c)
The sentence (as above, Defendant A, Defendant B, and C): each of the fines of KRW 800,00,000) that the court below sentenced to the Defendants is too uneasible and unfair.
2. Determination
A. Determination 1 on Defendant A’s assertion of mistake of facts in the instant crime period from January 13, 2016 to February 29, 2016, the lower court appears to have set the amount of 7,50,000 won (i.e., 47 days x 3 x 50,000 won) calculated by applying the average number of customers per day and 50,000 won per customer (i.e., 47 days x 57 days x 50,000) as the amount of additional collection (i.e., the evidence duly adopted and investigated by the lower court; ii) the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court; i.e.,, (i) Defendant A received the average number of male customers 7 to 8 teams per day in the
“The evidence record No. 23), Defendant C also stated in the investigative agency that “the average customer per day shall not be less than 5 to 10,000 won (Evidence No. 119 of the evidence record),” and Defendant C also stated that “the average customer shall not be more than 5 to 10,000 won per day” (Evidence No. 119 of the evidence record), ② Defendant A shall receive 10,000 won from the customer who is 40 to 50,000 won, and A shall have 50,000 won with 1.20,000 won for 50,000 won, and the remainder shall have (Evidence No. 64 of the evidence record).”