성매매알선등행위의처벌에관한법률위반(성매매알선등)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of the facts and legal principles) is that the Defendant suspended business after the first control on July 3, 2014, but changed part of the place of business, changed the mobile phone number, and resumed business after newly employing female employees E and employees B, the Defendant’s act at the time of the first control and the crime at the time of the first control should be interpreted as substantive competition.
Nevertheless, there is a relation between the facts charged by the defendant with the summary order issued by the first crackdown and the facts charged in this case as a whole.
In light of the above, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion.
2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court in light of the circumstances revealed by the lower court, the facts charged by the Defendant with a summary order and the facts charged of the second crackdownd by the first crackdown constitute a single and continuous crime, which is a single and continuous criminal offense.
In light of the above, the judgment of the court below that acquitted the charged facts of this case (Article 326 subparagraph 1 of the Criminal Procedure Act) is just and there is no error of law by misunderstanding the facts alleged by the prosecutor or misunderstanding the legal principles.
A. At the time of the first crackdown, the name of a female employee, who was in the atmosphere for engaging in sexual traffic at 902, was named “G” (Evidence No. 115 of the evidence record), and the name of “G” controlled sexual traffic at 902 at the time of the second crackdown, and E was the first crackdown.
July 3, 2014
was stated.
B. The Defendant from July 2, 2014 to the same year
7.3. The first control has been placed on operations until the same year.
7. 4. From July 5, 2014, the following day after the police’s investigation of the suspect, resumption of business as stated in the facts charged of this case is very short of the period of suspension of business.
(c)
Each control point.