성매매알선등행위의처벌에관한법률위반(성매매광고)
The prosecutor's appeal is dismissed.
1. In full view of all the circumstances indicated in the record, including the fact that the defendant applied for formal trial and recognized the facts charged, E and D stated that there was no advertisement as described in the facts charged, and that there was no advertisement as indicated in the records, the court below found the defendant not guilty even if the defendant advertised commercial sex acts. The court below erred by misapprehending the facts.
2. Determination
가. 이 사건 공소사실의 요지 피고인은 2018. 5. 24. 17:00경 안산시 단원구 B, 근처 노상에서 성매매를 할 목적으로 스마트폰 채팅 어플 ‘C’에 ‘퇴근했는데 한분 뵐까용’이라고 글을 올려 이를 보고 연락하는 남성들에게 자신의 신체사이즈, 성매매 대금, 성관계시 금지행위 등을 포함한 글을 보내며 성매매를 제의하는 광고를 하였고, 이에 응하는 남성을 자신이 있는 위 장소로 오게 하였다.
Accordingly, the defendant recommended or induced the purchase of sex.
B. The lower court determined that the Defendant’s statement appears to have considerable credibility and acquitted the Defendant of the instant charges on the ground that the evidence submitted by the prosecutor alone was insufficient to deem that the facts charged that the Defendant actually engaged in commercial sex acts were proven to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge otherwise, and the Defendant submitted a request for a formal trial to the effect that he made a confession on October 17, 2018, but on October 29, 2018, the Defendant was a person who actually engaged in commercial sex acts and was in charge of conciliation and was in contact with the person who was ordered to provide a fine. In light of the evidence submitted by the Defendant and the witness E’s testimony, testimony attitude, etc. that the Defendant had connected the actual commercial sex acts to the Defendant.
C. We examine the judgment of the court below, as above.