Seoul Housing IT

Gyeonggi ET TE TE in the reference domicile

2. New M;

74 18 ELEC

Gwangju City of Original domicile

Article 2 (1) 1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. provides that "sexual intercourse" means an act falling under any of the following items or becomes the other party to it in return for receiving or promising money, valuables and other property benefits to an unspecified person. "Sexual intercourse" and "act of similarity using part of body, such as mouth and anus, or implements" (b). Considering the legislative intent of the Act on the Protection of Human Rights of Victims of Commercial Sex Acts, etc. and the above legal provisions that deal without distinguishing sexual intercourse acts from sexual intercourse acts, when considering the legislative intent of the Act on the Protection of Victims of Commercial Sex Acts, Etc. and the above legal provisions that protect human rights of victims of commercial sex acts, "the act of similarity" as referred to in the above law refers to the act of contact with an unspecified person, such as mouth and anus, or at least the act of contact with a person to obtain sexual satisfaction as similar to sexual intercourse, and whether such act constitutes a normative satisfaction of the person's body and body should be determined in a comprehensive consideration of the degree of sexual satisfaction.

According to the reasoning of the judgment below, the court below found the following facts in full view of the selected evidence, and found that the customer of the business in this case was able to obtain sexual satisfaction through the circumstances of the customer in the structure of the business in this case equipped with shower facilities, and that the customer was able to obtain sexual satisfaction through the interview with the customer, and that the female employee had induced sexual intercourse with the customer by stimulating the customer's sexual organ, etc., and that the female employee was sexually interested in the process, or attempted to commit self-defense, and that the female employee was sexually interested in the process; that the female employee was sexually interested; that the principal body part of the customer's contact was presumed to have been sexual intercourse; that the principal body part of the customer's contact with the female employee was presumed to have been sexual intercourse; that the customer was expected to obtain sexual satisfaction by considering the circumstances of the business in this case where the show facilities were installed in the individual smuggling, and that it was anticipated to obtain sexual satisfaction.

Of the grounds of appeal, the assertion of mistake is without merit because it causes the selection of evidences and fact-finding which belong to the exclusive jurisdiction of the court below, which is a fact-finding. In light of the factual relations and the structure and facilities of the business establishment of this case, the uniforms or pictures of female employees, and the specific contents of physical contact, which are shown in the records, the physical contact provided by the female employees of the business establishment of this case was aimed at directly aiming at the situation of male customers or actively promoting sexual entertainment, and the contact part includes not only the sexual intercourse part of male customers but also the act of continuously stimulatinging it. Thus, the physical contact at the business establishment of this case is to obtain sexual satisfaction to the extent that it is similar to sexual intercourse, and thus constitutes "interconnection" under Article 2 (1) 1 of the Act on the Punishment of Commercial Sex Acts, Etc. of Commercial Sex Acts.

The judgment of the court below to the same purport is just, and there is no violation of the legal principles as otherwise alleged in the ground of appeal.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Young-young

Jeju High Court Justice Kim Hwang-sik