성매매알선등행위의처벌에관한법률위반(성매매알선등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Reasons for appeal by the prosecutor: mistake of facts and misapprehension of legal principles, and unreasonable sentencing; and
2. Determination on the grounds for appeal
A. The Defendant, from August 2009 to August 2010, was working as a manager of a sexual traffic business establishment under the trade name “G” operated by the name “F”, which is located in the Asturian New Swegs E. The Defendant was willing to arrange sexual traffic to arrange sexual traffic by having female employees find the said business establishment, while managing the entire business establishment, such as preparing working hours table of female employees, paying wages, cleaning of business places, and settlement of accounts.
Around August 2009, the Defendant entered the Republic of Korea from the above G to the Austria, and maintained K, L, M, N,O, P, Q, Q, R, S, and T as well as I and J employed by female employees from the above date and time to August 2010, and provided various female employees with 110-260 AUD in return for sexual traffic, and provided them with a sexual intercourse, and arranged sexual traffic by allowing female employees selected by male customers to have sexual intercourse, and then arranging sexual traffic by providing female employees with 70-140 AUD.
Accordingly, the defendant arranged sexual traffic for business purposes.
B. The lower court determined that the Defendant, in order to punish the Defendant for committing this part of the crime by applying Article 19(2)1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., on the premise that the Defendant had a sign of “business nature”, the Defendant was employed by the manager of “G”, a business owner, as the manager of “G”, and received certain amount of wages, and thus it is difficult to recognize the Defendant’s business nature, and the evidence submitted by the prosecutor alone is readily concluding that the Defendant engaged in the act of arranging commercial sex acts, etc.