성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months and by a fine not exceeding five million won.
1. Summary of grounds for appeal;
A. Of the facts charged in the instant case, the part of the charge of arranging sexual traffic against N is difficult to see that N actually intended to purchase sex, and thus, the Defendant gave N to a female sexual traffic, since it is difficult to view that N had an intention to purchase sex.
Even if there is no violation of Article 19 of the Act on the Punishment of Acts of Arranging Sexual Traffic, it shall not be established.
In addition, as long as the part of N's brokerage is acquitted, the remaining facts charged should be dismissed for reasons unspecified to the facts charged on the ground that the frequency of sexual traffic, the Kazakh's nationality, the P, and the sexual traffic women and the sex purchasing male, etc. are not known.
B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence of October and a fine of five million won) is too unreasonable.
2. Judgment on misapprehension of legal principles
A. The summary of the facts charged in the instant case is as follows: C, D, and the Gangnam-gu Seoul Etel F, G, H, I, J, K, L, L, and M: (a) The Defendant recruited to operate a commercial sex business establishment referred to in the name of C, D, and Gangnam-gu Seoul E Officetel; and (b) C, the owner of the instant business, takes charge of the management of the loan and revenue of the office rent of the instant officetel; and (c) D, the head of the general office, takes charge of the management of the business establishment, etc., such as attracting sex purchase through the term “business establishment”; and (d) the Defendant, the head of the office, takes charge of the business establishment’s management,
At around 19:30 on January 10, 2019, the Defendant, along with C and D, received the payment for sexual traffic of KRW 2.70,00 from B, the office manager of another commercial sex business establishment in the said officetel, and received three of the police officers, who are most likely to serve as customers at the entrance of the said officetel parking lot, from among the four police officers belonging to the Seoul Metropolitan Police Agency, notified N of the police officer as the above officetel H. In addition, the Defendant was introduced from around December 2, 2018 to the above temporary date, to the “O” in which sexual traffic brokerage sites, including O, attracts male and female purchasing.