성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment of the first instance shall be reversed.
The sentence against the accused shall be determined by a fine of KRW 3,00,000.
The above fine shall be imposed on the defendant.
1. The judgment of the court on February 2, 201, on the grounds of appeal: (a) erroneous determination of the gist of the grounds for appeal (the defendant operated the instant entertainment tavern from November 25, 201 to November 201; (b) the crime was irrelevant to the defendant; (c) the F was not an employee of the instant entertainment tavern; and (d) the F was merely a good-quality sexual act after the F and H completed a drinking job; and (c) the defendant did not arrange commercial sex acts (in the case of J and K, the act was not actually conducted; thus, the brokerage of commercial sex was not conducted); and (d) unjust sentencing is unreasonable.
A. Prior to the judgment on the grounds for appeal by the defendant's ex officio prior to the judgment on the grounds for appeal by the court, the prosecutor applied for the amendment of the indictment to which the applicable provisions of the Acts are "Article 27 and Article 19 (2) 1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.", and this court permitted the conversion of the facts charged to the following crimes into the following facts, and the judgment of the court of first instance cannot be maintained any longer due to such subsequent changes in circumstances.
However, despite the above reasons for ex officio destruction, the defendant's assertion of misapprehension of legal principles is subject to the judgment of this court, so it is considered separately.
B. As to the assertion of misapprehension of the legal principles, the "mediation" refers to the act of arranging or assisting the commercial sex acts between the parties who intend to engage in the commercial sex acts, so that the parties who intend to engage in the commercial sex acts are not necessarily required to engage in the commercial sex acts in fact or face-to-face with each other, but at least, the parties who intend to engage in the commercial sex acts do not have to engage in the commercial sex acts to the extent that they are able to engage in the commercial sex acts even if they do not have any involvement by the broker, and at least there is an arrangement to the extent that they are able to engage in the commercial sex acts (see, e.g., Supreme Court Decision 2004Do808, Feb.