성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. According to the summary of the grounds for appeal (misunderstanding of the facts), the lower court erred by misapprehending the facts and thereby acquitted the Defendant, even though the Defendant conspired with D, etc. as stated in the facts charged in the instant case, thereby recognizing the fact of engaging in commercial sex acts.
2. An ex officio determination prosecutor filed an application for amendment to a bill of amendment to the Act on the Punishment of Acts of Arranging Sexual Traffic (such as brokerage of sexual traffic) with regard to the facts charged in the instant case, which led to the trial of the party, and the court below convicted him of the facts charged alternatively added as follows. As such, the judgment of the court below cannot be maintained as they are.
3. The court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is so decided as follows.
[Grounds for the new judgment] The defendant was sentenced to imprisonment with prison labor for not more than one year and four months at the Seoul Central District Court on June 15, 2018, and the above judgment became final and conclusive on July 4, 2018.
[Criminal facts]
A. Basic facts and public offering relationship D is a person who has worked as the joint head of the business or joint head of the management office of “B” (referring to “B”; hereinafter “B”), a business establishment in the form of arranging sexual traffic, by leasing officetels at the Dong-gu, Yongsan-gu, from February 2016 to May 2017. E is a person who has worked as the head of the management office or joint business office of the said “B” from March 2016 to May 2017, and F is a person who has worked as the head of the management office or joint business office from March 2016 to April 2017; and H is from March 3, 2016 to May 2017; from May 5, 2016 to May 5, 2017; and from May 2017 to May 17, 2016 to May 2017, 2017, respectively.
D, E, F, G, etc. shall play a role as the head of the business or office of the above business establishment arranging sexual traffic during each service period, and shall be divided into "K (L)", which is a website mediating Internet sexual traffic.