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(영문) 서울북부지방법원 2014.05.20 2014노103

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seoul Northern District Prosecutors' Office that was seized in 2013.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment and one year of confiscation, additional collection of KRW 168,470,00) is too unreasonable. The lower court erred by misapprehending the legal doctrine on additional collection, thereby making a mistake in the amount of additional collection.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in indictment in accordance with Paragraph (1) and all facts charged in the trial at the trial at the trial at the trial at the trial at the court, and the subject of the judgment at the court at this time was changed, and the judgment of the court below was no longer maintained.

3. Thus, the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged by the defendant and the summary of the evidence acknowledged by this Court shall be as follows: all facts of the facts charged in the judgment below and the summary of the evidence in paragraph (1) above; the summary of the evidence in the judgment of the court below shall be as follows;

1. Protocol of Interrogation of Suspects A and B by the Prosecutor (No. 49378, 2013);

1. In addition to adding "each police interrogation protocol against AT, AU, and J", it is the same as the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

From March 2011, the Defendant: (a) from around March 201, from around 611 to around 613, 806, 1207, 1603, 1613, 1704, 1708, and 1813, the business owner operating a commercial sex business establishment leased by the owner; (b) the head of the foregoing commercial sex business establishment, who reported the interview of the commercial sex women, received a telephone from the customer, and (c) the F is a commercial sex trader.