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(영문) 서울북부지방법원 2018.03.22 2017노2489
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In calculating an additional collection charge against the defendant, the costs of monthly rent, management fee, electricity tax, water tax, advertising fee, and all kinds of equipment used by the defendant must be deducted. Thus, the lower court erred by misapprehending the legal doctrine on the additional collection part of the lower judgment, which affected the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the legal principles on the calculation of the surcharge, since the cost of taxes, etc. paid by the criminal in the course of engaging in the act, such as the brokerage of commercial sex acts, is nothing more than one way to consume the money and valuables acquired in return for the brokerage of commercial sex acts, or to justify his/her act, it shall not be deducted from the amount of the surcharge collected (see Supreme Court Decision 2013Do1859, Apr. 11, 2013). Therefore, the argument that the Defendant’s deduction of the cost incurred by the operation of

B. As to the wrongful argument of sentencing, the fact that the defendant both acknowledges and reflects the crime is favorable to the defendant, or that the defendant committed the crime of this case while the defendant is pending in trial due to the same crime is unfavorable to the defendant, such as the business period, type of business, number of female workers in sexual traffic, size of criminal proceeds, etc.

The court below determined punishment in consideration of equity in the case where the above circumstances and the defendant committed concurrent crimes after Article 37 of the Criminal Act, together with the previous conviction in the judgment of the court below, and there is no new change in circumstances that could change the sentence of the court below in the trial of the party.

Therefore, the defendant's argument that the sentence of the court below is too unreasonable is groundless is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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