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(영문) 대전지방법원 2014.07.17 2014노337

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The same year from March 19, 2013 by the Defendant for mistake of facts and misapprehension of legal principles

4. The judgment of the court below which acquitted the public prosecutor of this part of the facts charged without resumption of oral proceedings, even though the prosecutor presented additional evidence to supplement and prove it, as to that part of the crime of arranging sexual traffic until around 13.14 times, is erroneous in the misapprehension of legal principles and misconception of facts.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (five million won of a fine) is excessively unjustifiable and unreasonable.

2. On the date of the first trial of the court of first instance, the prosecutor applied for the amendment of the indictment to which the facts charged in this case are changed as follows, and the judgment of the court below can no longer be maintained as the case was changed upon permission by the court of first instance.

“The J is a person who actually operates the “Eanma treatment establishment” located in Western-gu, Western-si D, and the Defendant is well aware of the fact that sexual traffic is mediated and sexual traffic is committed at the above establishment, and the Defendant is a person who registers the massage treatment establishment in his/her name in return for receiving KRW 2 million per month from the J and works as a massage for the said massage treatment establishment in return for receiving KRW 2 million from the J.

1. From March 19, 2013 to November 30, 2013, the Defendant and the J provided the said massage practice room with shower facilities, shower rooms, etc. in each room and each room and provided 180,000 won when cash settlement is made from the sex-purchase who had found a business establishment by employing the female sexual traffic, and 190,00 won when receiving 190,000 won at the time of the credit card settlement and let the sex-purchase have sexual intercourse with the female sexual traffic, thereby arranging the sexual traffic over a total of 432 times, and raising a total of 59,919,000 won.

2. Credit card merchants violating the Specialized Credit Financial Business Act shall not treat credit card holders unfavorably on the grounds of their transactions by credit cards;

The defendant and J shall be on April 13, 2013.