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(영문) 부산고등법원 2017.02.08 2016노775

성매매알선등행위의처벌에관한법률위반(성매매강요등)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1-C of the facts constituting the crime as indicated in the judgment below.

In relation to paragraph (1), the defendant has no raped the victimJ.

B) Criminal facts No. 1 of the judgment of the court below

(a) 3) and 1-2;

B. In relation to paragraph (2), since the Defendant did not live in the victim L’s room from July 2015 to September 2015, the Defendant did not force or arrange sexual traffic to the victim J and L.

2) The sentence of the lower court’s sentence (five years of imprisonment, etc.) against an unfair defendant in sentencing is too unreasonable.

B. The sentence imposed by the lower court on the Defendant by the Prosecutor is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the facts constituting the crime No. 1-C. as indicated in the judgment below.

Although the Defendant denies this part of the facts charged in the lower judgment, the lower court consistent with the Defendant’s Justice from an investigative agency to the lower court’s court’s court, thereby constituting the crime No. 1-C. 1 of the lower judgment.

The credibility of the victim J’s statement may be recognized in light of the fact that the victim J made a statement to the effect that he/she raped at the time and place described in the paragraph, the Defendant’s speech and behavior, attitude, criminal process, etc. at the time of committing the crime, the clear and detailed points of the victim J’s statement in the court below’s trial,

In light of the facts charged, this part of the charges was convicted.

B) In determining the credibility of a statement after the first instance court proceeded with the witness examination procedure, the first instance court will assess the credibility of the statement, taking into account all the circumstances that are difficult to record in the witness examination protocol, including the appearance and attitude of the witness who is going to make a statement in the open court after being sworn before a judge, the appearance of the witness who is going to make a statement in the open court, and the penology of the statement.

On the other hand, the first instance court.