성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
1. According to the evidence submitted by the prosecutor, the gist of the grounds for appeal (misunderstanding the facts of inspection and misapprehension of the legal principle) is as follows: ① Operation of the Defendant’s cell phone store at a place less than 200 meters away from the trade name of “I” operated by Htel Nos. 2, 3, 16, 17, 18, and 19 (hereinafter “instant building”); ② Operation of the Defendant’s cell phone store at a place 200 meters away from the inside of the instant place of massage (hereinafter “the instant place of massage practice”); ② the Defendant was punished by a fine of KRW 2 million for a violation of the Medical Service Act of which the Defendant had a person who was not qualified for massage in around 2014, who was punished by a fine of KRW 2 million; ③ Operation of the instant place of massage practice from the instant building to “I”; and ④ Operation of the instant place of sexual traffic by the Prosecutor and the Defendant, as a matter of course, informed the Defendant of the fact that A’s operation was controlled by the police.
As the defendant stated, indirect facts, such as the fact that he/she has again leased to a person who has had the record of punishment due to the act of engaging in sexual traffic, such as arranging sexual traffic, etc. around October 2014, when the defendant discontinued his/her business.
In full view of this, the defendant provided the building of this case with dolusent knowledge that commercial sex acts are conducted in the building of this case at least.
may be seen.
Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous by misapprehending the legal principles or affecting the conclusion of the judgment.
2. The Defendant is aware of the facts charged that, from February 24, 2012 to September 2014, the instant building owned by the Defendant, the female employees A, who were unemployed owners of the massage practice in the instant case, had them engage in sexual traffic against customers in the instant building, and that, even though he/she knew that he/she had them engage in sexual traffic, he/she was paid a lease deposit of KRW 30 million and monthly rent of KRW 3 million.