성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of KRW 7,000,000.
Defendant .
1. The summary of the grounds for appeal is as follows: (a) the statement made by the police officer AA in charge of the management of the instant entertainment point by the staff member A, who reported the details of the settlement of accounts of the “K” entertainment center located on the second floor of Songpa-gu Seoul District Court (hereinafter “the instant entertainment center”); and (b) the statement made by the staff member A in charge of the management of the instant entertainment center is very reliable; and (c) the statement made by the said staff member and the head of each business office of the instant entertainment center at the time of the control, the customer, the cartels, employees, and female employees at the time of the control, can be sufficiently recognized that the Defendants conspired to commit the instant entertainment center.
Nevertheless, the court below rendered a not guilty verdict on the facts charged of this case, and there is an error of law that affected the conclusion by misunderstanding facts.
2. The ex officio judgment of Defendant A on the part of the lower court rendered a verdict of not guilty at the lower court for the following reasons: (a) the previous facts charged against Defendant A were modified as the primary facts charged; (b) the facts charged in the column were added as the ancillary facts charged; and (c) the application of the applicable law applied with respect to the application of Article 27 and Article 19(2) subparag. 1 of the Act on the Punishment, etc. of Commercial Sex Acts, Etc. to add “Article 27 and Article 19(2) subparag. 1 of the Act on the Punishment, etc. of Commercial Sex Acts, Etc.” was modified by the court’s permission; and (d) the part of the lower judgment against Defendant A cannot be maintained any further
However, even if there are reasons to reverse the judgment of the court below on the part of defendant A, the prosecutor's assertion of mistake or misunderstanding of legal principles as to the primary facts charged is still subject to the judgment of the court, and this is examined.
3. Judgment on the grounds of appeal as to the primary facts charged
A. The summary of the primary facts charged is that Defendant A run the entertainment center of this case, and Defendant B run the entertainment center of this case.