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[Defendant B] The guilty part of the judgment below against Defendant B is reversed.
Defendant
B A person shall be punished by imprisonment for not less than eight months.
Reasons
1. Summary of grounds for appeal;
A. Defendant B (1) There is no doubt that the act of arranging sexual traffic has been conducted in the entertainment taverns of the trade name called AK in this case.
(2) The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.
B. Defendant C’s punishment (one year and six months of imprisonment, additional collection of KRW 176,905,333) is too unreasonable.
C. Defendant E (1) In collusion with Co-Defendant B, F, etc. as a business employee of the AK entertainment tavern in this case of misconception of facts, there is no way to engage in the arrangement of commercial sex acts between female employees and customers.
(2) The lower court’s sentence of unreasonable sentencing (a fine of KRW 1.5 million) is too unreasonable.
Defendant
F The sentence of the lower court (1.5 million won of a fine) is too unreasonable.
E. Defendant G (1) Since there is no fact that the Defendant was directly involved in the arrangement of commercial sex acts with a mere employee, Defendant G (1) is merely an assistant.
(2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment and two years of suspended execution) is too unreasonable.
바. 검사 (1) 피고인 B에 대하여 ㈎ 사실오인 내지 법리오해(무죄부분) 검사가 제출한 증거들, 특히 A 진술에 의하면 피고인 B이 A, C, G과 공모하여 2014. 1. 6.부터 2014. 9. 28.까지 영업으로 성매매를 알선하는 행위를 하였다는 이 부분 공소사실을 충분히 인정할 수 있다.
㈏ 양형부당(유죄부분) 원심의 형이 너무 가벼워서 부당하다.
(2) 피고인 C에 대하여 ㈎ 양형부당 원심의 형이 너무 가벼워서 부당하다.
㈏ 추징에 관한 사실오인 또는 법리오해 피고인 B에게 무죄가 선고될 경우 피고인 C에 대한 추징액은 피고인 B의 수익금으로 계산되었던 금액까지 포함하여 산정되어야 한다.
2. Judgment on Defendant B
A. According to the judgment of the lower court, the part of conviction [the crime of violation of the Act on the Arrangement of Commercial Sex Acts, Etc. from March 2013 to May 14, 2013] (1) following the ex officio determination, Defendant B’s act of gambling at the Seoul Central District Court on June 19, 2014.