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(영문) 대구지방법원 2019.05.01 2018노3043

풍속영업의규제에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal as indicated in the judgment below was operated by H. The Defendant only operated a restaurant on the first floor of the same building owned by his father, and the Defendant did not actually operate, manage, or have been engaged in as an employee.

The reason why the defendant delivered the keys to the D employee is that he brought the keys to the E employee by sending it to the E employee, and upon the request, brought the two keys to the E employee, and was working at the first floor restaurant of the same building.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.

2. Determination

(a) Any person who conducts the amusement business affecting the public morals of the facts charged in the instant case and any person who is engaged in the amusement business affecting the public morals shall not commit any act, such as arranging sexual traffic

The Defendant is a person engaged in the business affecting the public morals that manages “Catur”, which is a lodging establishment located in Gu and American, from February 2017.

1) On February 23, 2017, the Defendant provided the key to the above telecom to E, an employee working in “D” on the first floor of the instant telecom, and provided a place where the F and his/her name could engage in commercial sex acts within the “Curcom” room on March 27, 2017, around March 27, 2017, by providing the said telecom, the Defendant provided the said telecom key to the said telecom, in advance, to the said telecom, and provided the place where the F and G would engage in commercial sex acts within the “Curcom” room. < Amended by Act No. 14558, Mar. 27, 2017; Act No. 1485, Mar. 27, 2017>

B. The Defendant also asserted the above in the lower judgment.

① The lower court stated to the effect that, at the time of the police investigation, H, Cel’s operator, E, and I stated that “the Defendant managed the cel” at the time of the police investigation, E also stated in the court that “I would give the Defendant a key by telephone if H level is higher,” and ② if the Defendant is not a worker of the cel, E.