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(영문) 부산지방법원 2016.11.25 2016노2726

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Inasmuch as some customers and female employees engaged in sexual traffic under the agreement between them in entertainment tavern operated by the defendant with mistake of facts, the defendant does not have any fact that the defendant employed female sexual traffic and moved to the room after drinking with them to engage in sexual traffic, and even if the liability for committing sexual traffic is recognized, it is merely aiding and abetting the crime of arranging sexual traffic.

There are parts calculated differently from the facts of the additional collection charges sentenced by the lower judgment.

Unfair sentencing: The sentence of the court below (the fine of 4 million won and additional collection) against the defendant is too unlimited and unfair.

In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to whether the Defendant was engaged in a type of “numbuling” type of business, the fact that the Defendant, as recorded in the instant facts charged, engaged in the act of arranging sexual traffic by business may be sufficiently recognized.

The Defendant, in the police investigation and prosecutorial investigation, led to the fact that the instant entertainment tavern was operated in the form of so-called “spulpulpulp,” so as to allow female employees to enjoy entertainment and to have sexual intercourse with the hotel of the second-lane shop, after receiving cash with the drinking value per customer and the price for sexual traffic, at the first-lane shop room.

(Evidence No. 29). On August 12, 2015, H provided a studio with male workers before the instant entertainment bars, and provided 1.6 million won in cash to the said employees, after hearing an explanation to the effect that “I am at a low-income shop with a cash of 400,000 won per capita, 1:00 square meters and 20 minutes per capita am at Ac and studio, and the remainder of 40 minutes, going up to the hotel room on Ic and studio, and 1.6 million won per capita.”

(Evidence No. 10 pages) H. The fourth floor of the entertainment drinking house in this case shall drink sexual traffic women and drinking at the fourth floor and then follow the guidance of the above male employees.