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(영문) 서울남부지방법원 2019.02.15 2018노122

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the facts charged, the defendant misunderstanding the facts that he reported the carbs of marina business establishments as shown in the facts charged and received KRW 110,000 from the male grandchildren, but the above money was paid as the price for marina business, not paid as the price for marina business, and only transferred a sound marina business establishment operated by the defendant to the defendant A on the day of the facts charged, and there was no conspiracy or participation in A's business of arranging marina business by taking over marina business establishments.

B. The sentence imposed by the lower court (two months of imprisonment, two years of suspended execution) is too unreasonable.

2. Determination

A. The Defendant alleged that the lower court had the same purport as the grounds for appeal for mistake of facts, and the lower court rejected the said assertion as follows.

1. The summary of the assertion is that Defendant B only transferred marina business establishments to Defendant A, but did not perform the act of arranging sexual traffic.

2. Comprehensively taking account of the following circumstances acknowledged by the court of the lower judgment based on the evidence duly admitted and investigated by the court, Defendant B appears to have performed the act of arranging sexual traffic upon Defendant A’s request, and thus, the above assertion cannot be accepted.

Defendant

A, in line with the police from March 10, 2017 to the court of the court below, consistently acquired commercial sex acts from Defendant B on March 10, 2017, and two commercial sex women employed by Defendant B were asked to do commercial sex acts on the day of acquisition by requesting that the above two persons engage in commercial sex acts. On the day of acquisition by transfer, Defendant B asked Defendant B to 12:0 p.m. to see the clicker, and he was under control by the police.

'Written Statement'.

B. According to the evidence above, the Defendant B visited the said establishment as if the control police officer pretended to purchase sexual intercourse on March 10, 2017.