beta
(영문) 광주고등법원 2016.10.20 2016노245

성매매알선등행위의처벌에관한법률위반(성매매강요등)등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that from the date of this judgment.

Reasons

Summary of Grounds for Appeal

A. The sentence of the lower court (two years of imprisonment, additional collection of KRW 5,200,00) is too unreasonable.

B. A prosecutor 1) misunderstanding of legal principles as to conflicts of interest and misunderstanding of facts to the effect that the Defendant, around May 2015, told the victim that she should drive her her ear by having the victim exercise the right of care, and there is sufficient proof as to the fact that she had a fright victim, who was fright to exercise the right of care, and then had a total of 7,960,000 won, taken it over, but the judgment of the court below acquitted this part of the facts charged, which affected the conclusion of the judgment by misunderstanding of legal principles and misunderstanding of facts, is unreasonable.

2. Determination

A. The summary of the facts charged is as follows: (a) the Defendant knew of the fact-finding that the victim was paid allowance of KRW 510,000 per month from the Busan Gun Office; (b) had the victim bear an obligation under the pretext of the expenses for the performance of the contract for the performance of the contract for the performance of the contract for the performance of the contract for the performance of the contract for the performance of the contract for the performance of the contract for the performance of the contract for the performance of the contract for the performance of the contract; (c) the Defendant, on May 2, 2015, demanded the victim at the expense of the victim for the performance of the contract for the performance of the contract for the performance of the contract for the performance of the contract for the performance of the contract for the performance of the contract for the performance of the contract, but the victim's refusal to exercise the right to the performance of the contract for the performance of the contract for the performance of the contract for the performance of the contract, and (d) caused the victim to go beyond the victim's head.