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(영문) 대전지방법원 2016.09.21 2016노324

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the 2 year of suspended execution in the 6th month of imprisonment and the 10.2 million won of additional collection) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, in the first instance court, the prosecutor applied for changes in the indictment of this case as stated in the following facts, and since this court permitted this, it became impossible to maintain the judgment of the court below as it is.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without omitting the defendant's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows through pleading.

Punishment of the crime

On February 13, 2016, the Defendant: (a) at a “D” sexual traffic business establishment with approximately 110,00 square meters of five stories in Seo-gu, Daejeon, Daejeon; (b) at a shower and marina room; and (c) at the surface room, four rooms in the water surface room; (d) received 110,000 won for sexual traffic including 40,000 won; (b) had I and J, who are women engaged in sexual traffic, arrange for sexual traffic by allowing them to have sexual intercourse with K and L, who are customers; and (c) around May 21, 2015, received 110,000 or 120,000 won for sexual traffic including brokerage fees, and arranged for sexual traffic by having women engaged in sexual traffic to have sexual intercourse with unspecified customers.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

Summary of Evidence

1. The original judgment and the original judgment of the defendant;

1. A protocol concerning the examination of each police officer in relation to E, J, I, K, or L;

1. List of seizure records of each police station;

1. Application of Acts and subordinate statutes to a copy of on-site photographs, simplified books, and details of deposit account transactions;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense, and Article 19 (2) 1 of the Act on the Punishment of Acts

1. Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. Punishment of acts, such as arranging sexual traffic;