성매매알선등행위의처벌에관한법률위반(성매매)
The defendants' appeal is dismissed.
1. The gist of the grounds for appeal is that the Defendants did not engage in each sexual traffic, and the evidence submitted by the prosecutor alone cannot be deemed to have proved the facts charged against the Defendants without any reasonable doubt.
Nevertheless, the judgment of the court below convicting the facts charged of this case is erroneous in misconception of facts.
On the other hand, each sentence sentenced by the court below to the defendants (the fine of KRW 3 million for the defendant A, and the fine of KRW 1 million for the defendant B) is too unreasonable.
2. Determination
A. In full view of the evidence duly adopted and examined by the court below, including the Defendants’ respective legal statements of the court below, F, E, and I’s respective legal statements of the court below, the police interrogation records, investigation reports (in relation to the latter period of suspect F), investigation reports (in addition to pre-sale information), each internal investigation reports, and each investigation reports, etc., as well as the characteristics of the site where the instant commercial sex acts establishments are advertised by the court below, the method of operating the instant commercial sex acts establishments, the amount of the defendants’ payments, the number of visits made by the Defendant A, and the following contents, it is sufficiently recognized that the Defendants committed each commercial sex acts as stated in the facts charged in the instant case.
Therefore, we cannot accept the defendants' assertion of mistake of facts.
B. It is recognized that the Defendants did not have any criminal conviction before each criminal punishment.
However, it is also recognized that the defendants' rejection and non-competence of the crime of this case due to the defense that the defendants cannot understand, and that there is a need to eradicate the crime of this case, and it is also necessary to strictly punish and eradicate the crime of this case.
In addition, in full view of the following circumstances, including the Defendants’ age, character and conduct, environment, family relationship, motive and background of the offense, means and consequence, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, the lower court sentenced the Defendants.