A. The Defendant, as stated in the lower judgment, did not cause an employee I to engage in sexual traffic.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

2. Determination

A. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by a witness of the first instance court was clearly erroneous in determining the assertion of misunderstanding of facts.

Unless there are extenuating circumstances to view that maintaining the first instance judgment on the credibility of the statement made by a witness of the first instance court is significantly unfair, taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court shall respect the judgment on the credibility of the statement made by the witness of the first instance (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006).

Now I, because they were the customers, they were sittings, but the first table was the first table, and I became the middle of how much more.