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. Summary of grounds for appeal;
A. Defendant 1 is guilty of the facts charged in this case, although the lessee E was not expected to operate commercial sex acts in the building of this case, the intention to arrange commercial sex acts cannot be recognized. Thus, the judgment of the court below which found Defendant 1 guilty of the facts charged in this case is erroneous by misunderstanding the facts and affected the conclusion of the judgment.
2) The punishment sentenced by the lower court (an amount of eight million won) is too unreasonable.
B. The lower court erred by misapprehending the legal doctrine on collection of additional charges, thereby adversely affecting the conclusion of the judgment, even though the Defendant had to collect the gains acquired through the brokerage of sexual traffic.
2) The sentence sentenced by the lower court is too unhued and unreasonable.
2. Before deciding on the grounds of ex officio appeal, the prosecutor changed the facts charged in the trial of the court below as stated in the following "criminal facts". Article 19 (2) 1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic provides that "Article 19 (1) 1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic, Etc." and Article 19 (1) 1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic, and the subject of the judgment is changed by this court's permission, so the judgment of the court below cannot be maintained.
However, the defendant's assertion of misunderstanding the facts and the prosecutor's assertion of misunderstanding the legal principles are still subject to a trial.
3. Judgment on the Defendant’s assertion of mistake of facts
A. In order to punish a person pursuant to Article 19(1)1 and Article 2(1)2(c) of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts, he/she must have the intention to provide the person with the building that he/she provides for commercial sex acts. Such intention is an in-depth fact, and thus, the defendant denies it.