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(영문) 수원지방법원 2018.11.09 2017노8311

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misunderstanding of the legal principles) Even if based on the written indictment itself, the commercial sex acts were arranged only once, and the commercial sex acts were arranged for business purposes.

shall not be deemed to exist.

2) The Defendant did not notify the Defendant and B of any act similar to the customer on his/her own account, and the Defendant was completely unlikely to expect such act, and thoroughly educated his/her ordinary employees that sexual traffic should not be mediated. As such, the Defendant neglected to exercise due care and supervision to prevent the illegal act.

shall not be deemed to exist.

B. The lower court’s sentence (an amount of KRW 5 million) against an unfair defendant in sentencing is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. Determination 1 as to the assertion that the commercial sex acts do not have been arranged for the commercial sex acts. The "mediation of commercial sex acts" under Article 19 (2) 1 of the Act on the Punishment of Arrangement, etc. of Commercial Sex Acts refers to the mediation between the parties intending to engage in commercial sex acts and mediating or facilitating the commercial sex acts. Thus, in order to become the mediation of commercial sex acts, it does not necessarily require that the parties intending to engage in commercial sex acts should reach the level of actual commercial sex acts or face with each other, and it is sufficient that the parties concerned have been engaged in commercial sex acts to the extent that they are able to engage in commercial sex acts even if the parties concerned who intend to engage in commercial sex acts do not intervene any longer by connecting the intentions of the parties intending to engage in commercial sex acts (see, e.g., Supreme Court Decision 2004Do808, Feb. 17, 2005).