성매매알선등행위의처벌에관한법률위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 3.5 million won.
The above fine shall not be paid by the defendant.
1. Summary of the grounds for appeal 1) Of the facts charged against the Defendant, the lower court determined as follows: (a) arranging sexual traffic on June 9, 2014 (hereinafter “instant act of arranging sexual traffic”); (b)
On May 8, 2014, the above summary order was issued as of August 30, 201 and became final and conclusive on the 30th of the same month due to the act of arranging sexual traffic as of August 14, 2014. Since the act of arranging sexual traffic and the act of arranging sexual traffic in this case conducted before the issuance of the summary order is in a single and continuous relation under the substantive law, all of the acts of arranging sexual traffic in this case committed continuously under the single and continuous criminal intent, a judgment of acquittal was rendered on the grounds that the effect of the above summary order extends to the facts charged for the act of arranging sexual traffic in this case. 2) However, if the act of arranging sexual traffic is repeated under the single and continuous criminal intent, it constitutes a business crime, and if it is intended to pronounce a acquittal judgment on the act of arranging sexual traffic in this case, it is necessary that the defendant was prosecuted as a business criminal and has
However, a final summary order against the defendant is merely an indictment and a punishment under Article 19(1)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., which is not a business offender, and it cannot be deemed that the final summary order's effect extends to the brokerage of sexual traffic of this case.
Therefore, the judgment of the court below that acquitted the facts charged in the act of arranging sexual traffic of this case is erroneous in the misapprehension of legal principles and affected the judgment
2. Determination:
A. According to the records of this case, the Defendant, from May 3, 2014, operated a sexual traffic business establishment from Busan Dong-gu D with the trade name of E in Busan Dong-gu from May 3, 2014, received cash of KRW 80,000 from G on May 8, 2014 in return for sexual traffic, and arranged sexual traffic by guiding the F, who is a sexual traffic woman, to engage in sexual traffic.
‘' on August 14, 2014 as criminal facts.