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(영문) 서울중앙지방법원 2013.05.08 2013노599

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

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The judgment of the first instance shall be reversed.

The sentence against the accused shall be determined by one year of imprisonment and a fine of 5,000,000 won.

Defendant.

Reasons

1. Erroring the gist of the grounds for appeal and misunderstanding the legal principles (in relation to the point of arranging sexual traffic, 1) if an advertisement of sexual traffic is punished as an act of arranging sexual traffic, even though it is inevitably aiding and abetting or jointly processing the sexual traffic, the legislative intent of which is provided as mitigated elements compared to the act of arranging sexual traffic is unclear. Therefore, a violation of the Act on the Punishment of Acts, such as arranging sexual traffic, etc. (hereinafter referred to as "crime of arranging sexual traffic for convenience").

A) Violation of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts (hereinafter “crimes of Commercial Sex Acts”) and the Punishment of Commercial Sex Acts (hereinafter “crimes of Commercial Sex Acts”).

(2) With regard to the brokerage of commercial sex acts, the defendant only contributed to the role of withdrawing money on the "E" website, and there was no conspiracy with the business owner who requested the advertisement on the above website, and the facts charged also do not specify the date, time, place, method, etc. which the defendant gather with the above business owner). 2. The court of first instance held that the court of first instance, among the facts charged in this case, found the defendant guilty only for the remaining 780 times except for the part 780 times out of the attached list 80 of the judgment of the first instance among the facts charged in this case, and found the defendant guilty only for the remaining 780 times except for the part which was found guilty. This part of the judgment of the court of first instance should be deemed to have been out of the public interest among the parties. Thus, the decision of the court of first instance that found the defendant guilty as follows.

3. The judgment of this Court

A. As to the legal concurrence argument, (1) acts such as arranging sexual traffic, etc.