성매매알선등행위의처벌에관한법률위반(성매매알선등)
The part of the judgment of the court of first instance against the defendant shall be reversed.
A fine of 1,000,000 won shall be imposed on the accused.
1. The judgment of the court on February 2, 198 and the decision of the court on the misunderstanding of facts or misunderstanding of legal principles on the grounds of appeal (the defendant only stayed in the business place of this case while cleaning and prompt cleaning, etc., and did not know about the arrangement of commercial sex acts. As such, the defendant did not conspired to commit the crime of this case and did not intend to commit the crime of this case) and unfair sentencing
A. Prior to the judgment on the grounds for appeal by the defendant's authority, prior to the judgment on the grounds for appeal by the prosecutor, the defendant's name of the crime was changed to "aided and abetting the violation of the Act on the Punishment of Acts of Arranging Sexual Traffic", and the applicable provisions of Article 32 (1) of the Criminal Act stated in the applicable provisions of the Act on the Punishment of Acts of Arranging Sexual Traffic, and applied for permission to change the indictment to change the facts charged against the defendant as stated in the following facts, so the judgment of the court of first instance cannot be maintained any more in this respect.
However, despite the above reasons for ex officio destruction, the defendant's remaining arguments such as mistake of facts are still subject to the judgment of this court, and this is examined.
B. As to the assertion of mistake of facts and misapprehension of the legal principles, aiding and abetting under the Criminal Act refers to all direct and indirect acts that facilitate the principal offender’s commission of the crime, and such aiding and abetting and abetting acts as well as tangible and material aiding and abetting and strengthening the principal offender’s resolution (see, e.g., Supreme Court Decision 2006Do3615, Mar. 13, 2008) are also included in such aiding and abetting acts (see, e.g., Supreme Court Decision 2006Do3615, Mar. 13, 2008).
In addition, aiding and abetting is the intention of aiding and abetting the principal offender and the act of principal offender.