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(영문) 창원지방법원 2017.11.30 2017노2523

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

All the judgment below is reversed.

Defendant A shall be punished by a fine of KRW 7,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding the facts and misapprehension of the legal doctrine: Defendant A began to act as a broker for sexual traffic only after March 2017, which H had been an employee, but the lower court, as a business, engaged in sexual traffic during the period from January 2016 to February 2017.

Recognizing that the profit of the period has been collected, it is illegal.

2) Improper sentencing: The punishment of the lower judgment (the punishment of KRW 2, 4, 5, 4, 5, 5, 59, 500, 200, 2,000, 2,000, 2,000,000) is too heavy.

B. Defendant B 1: Defendant B was unaware of the fact that Defendant A was engaged in the brokerage of commercial sex acts at the instant business establishment, and thus, Defendant B did not constitute an act of providing a building with knowledge of the fact that it was provided for commercial sex acts, but the lower court determined that it was unlawful.

2) Improper sentencing: The punishment of the lower judgment (an amount of KRW 3 million, KRW 28 million, and KRW 28 million) is too heavy.

2. Determination as to Defendant A’s misunderstanding of facts and misapprehension of legal principles

A. The summary of the facts charged against Defendant A is that he/she engaged in the act of arranging sexual traffic at the instant business establishment from January 2016 to April 12, 2017.

B. Among the evidence related to this, there are ① police statements made by the defendant A with the exception of the statement made by the defendant, ② recording records of the investigation report (as to recording of the statement), and accompanying photographs of the defendant A and H, ③ investigation reports (as to attaching photographs of the control site), ③ and photographs attached thereto, ④ each card settlement receipt attached to investigation reports (as to referral of commercial sex acts by the suspect A) and attached documents, ⑤ investigation reports (as to the account of the suspect A's place of business) and attached documents, ⑤ copies of each passbook attached to investigation reports (as to specific criminal proceeds), 6 through 3 (the cellular phone), 4, 5 (each cash), 6 through 8 (each passbook), respectively, 9, and 10 (for each place of business).

(c)

Defendant

A is an investigative agency and the original trial once.