성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The gist of the grounds for appeal in this case is that the facts charged in the instant case are concurrent crimes with the facts charged in violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., which became final and conclusive around May 17, 2014.
Nevertheless, the judgment of the court below that acquitted the above facts charged on the ground that the above facts charged are related to the facts charged for which the judgment became final and conclusive, is erroneous in the misapprehension of legal principles.
2. Determination
A. The summary of the facts charged is as follows: (a) the Defendant in collusion with B and his husband and wife, who operates “F” business on the second floor of the E market in Chuncheon City, and (b) in collusion with B on March 14, 2014, at the above business establishment around 00:20,000, he received KRW 120,000 from G, who was found to be a customer, as the price for sexual traffic, and directed the said G to the smuggling installed at the entrance of the above business establishment, and then, (b) had his employee C conduct the similarity of the said G and the mouth and sexual intercourse, thereby arranging sexual traffic.
B. On April 30, 2014, the lower court: (a) acknowledged that the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. 2014 high-ranking and 536 in this court; (b) on May 17, 2014, the summary order became final and conclusive; and (c) on January 20, 2003, the facts constituting the crime of the said summary order, the Defendant received KRW 1,20,00 from H, who was found to be a customer at the same business place as the facts charged in the instant case, from around January 16, 2014, to guide H to the end of the corridor, and had I, an employee of the same place, arrange commercial sex acts to arrange commercial sex acts; and (c) determined that the facts charged in the instant case, which was committed before the issuance of the said summary order and the summary order, constitute a business crime under the substantive law.
(c) continue to engage in several acts falling under the name of the same crime for a certain period under the single and continuous criminal intent.