성매매알선등행위의처벌에관한법률위반(성매매)
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal is that the Defendant, through the J and smartphone-componing method, engaged in hosting sexual traffic, but there is no fact that the Defendant actually engaged in sexual traffic.
Nevertheless, the lower court convicted the Defendant on the basis of the testimony of the J, the counter party to sexual traffic, but the testimony of the J’s investigative agency is inadmissible, and there is no credibility of the J’s legal statement in the lower court. Therefore, the evidence submitted by the Prosecutor alone alone proves that the facts charged of this case
shall not be deemed to exist.
2. Determination
A. The Defendant in the instant facts charged is a person who uses D'Ethical 'A'.
1) 피고인은 2016. 5. 초순 16:00 경 스마트 폰 "E, F, G" 등의 랜덤 채팅 사이트에 닉네임 "H" 또는 "I" 로 접속한 성 매도 녀 J( 여, 19세) 과 조건만 남을 위해 채팅 중 J으로부터 "1 시간 1번 15 인 테리 어, 얼 사, 기구사용, 69, 후장, 안 대구요 노 콘 질사 키스 사 까 시 애 무가능해 요사진은 안 드려요 나이는 21 구요 155/47 /A 쿨하게 봐요!!
"The promise to purchase a sex with the word "" was entered a Moel where it is difficult to find out the neighboring trade name near the KK in the Northwest-gun of North Korea, and 10,000 won in cash was sent to one time of sexual intercourse.
2) The Defendant, as mentioned in the preceding paragraph, left with J only a female selling her gender, and suggested that J only the conditions remain due to D’s use of D again to the firstman of the same month, after having to inform D her of his/her identity, and thereafter, he/she had to do so.
In this regard, J, on the apartment parking lot in which the defendant gets on a taxi in the father and became known to the defendant, entered the apartment lot in which only 120,000 won can not be known.
B. The lower court, based on the witness’s legal statement by J, the police interrogation protocol against J, and the police testimony protocol, conducted by J during the first police investigation by the first police officer, ask D AD ID after having sexual intercourse among those who engage in sexual traffic through F, E, G, etc., and then contact with D through this.