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(영문) 광주지방법원 2018.07.25 2018노439

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (an amount of KRW 3 million) is too unreasonable.

B. In full view of the misunderstanding of the facts, misunderstanding of the legal principles, G’s statement, images of the photograph taken by the Defendant, etc., the lower court acquitted the Defendant on the charge of violating the Act on the Punishment of Acts, such as the Mediation of Commercial Sex Acts against the Defendant, although it could be recognized that the Defendant, who hired a female of a mother of her nationality who is not qualified as a massage, and caused the Defendant to have sexual intercourse with G to find out the place and arrange commercial sex acts for business purposes. However, the lower court erred

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. On April 10, 2017, the summary of this part of the facts charged is that the Defendant employed the “F” of the nationality of Thailand, a sexual traffic woman, at around 3:30 on April 10, 2017, at the “E” located in Gwangju Northern-gu D and the second floor (hereinafter “the instant marina business establishment”), and had the said female employee take 1.50,000 won in return for sexual intercourse and massage, and had the said female employee take her sexual intercourse with G.

Accordingly, the defendant arranged sexual traffic for business purposes.

2) The lower court’s judgment is insufficient to recognize that the Defendant was actually engaged in engaging in the business of arranging sexual traffic only on the basis of the mail plates of the instant marina business establishment, and is consistent with the statement that the Defendant, from the time when the written statement was prepared by the police on the day of the instant case, he did not have any specific explanation demanding H to refund if G was actually in a sexual relationship with F, and if G was in a sexual relationship with F, he did not have any particular explanation demanding H to refund, and G, as a matter of course, consistent from the time when the police investigation was conducted, consistently considered to include sexual traffic if “ma course” was a “ma course due to the experience between marina business places in the past in Incheon,” and 150,000 won at the time of leaving the instant marina business establishment.