성매매알선등행위의처벌에관한법률위반(성매매)
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. A summary of the grounds for appeal 1) Although the Defendant made a promise to engage in a sexual intercourse with E to pay money, there is no fact that police officers had engaged in a sexual intercourse similar to that stated in the facts charged prior to committing a sexual intercourse.
2) The sentence of the lower court that is unfair in sentencing (2 million won) is too unreasonable.
2. 1) In full view of the evidence duly adopted and examined by the lower court, the lower court held that the Defendant could recognize the fact that the Defendant engaged in sexual intercourse similar to E, as stated in the facts charged in the instant case.
The decision was determined.
2) In a criminal trial for a reasonable deliberation, the conviction should be based on evidence with probative value sufficient for a judge to have the conviction that the facts charged are true beyond a reasonable doubt.
Therefore, if there is no such evidence, there is a doubt that the defendant is guilty.
The interest of the defendant is to be determined by the interests of the defendant.
When considering the legislative intent of the Act on the Punishment of Acts, such as eradicating sexual traffic, protecting human rights of victims of sexual traffic, and Article 2 (1) 1 of the same Act, which deal with acts similar to sexual intercourse without any distinction, “the act of similar intercourse” under Article 2 (1) 1 (b) of the same Act refers to the act of inserting inside the body, such as the mouth and anus, or physical contact to obtain sexual satisfaction at least to the extent that it can be seen as similar to sexual intercourse, and whether certain acts constitute the act of physical contact to obtain sexual satisfaction to the extent that it can be seen as similar to sexual intercourse, the place where the act was committed, the picture of the actor, the degree and degree of physical contact, the detailed contents of the act, and the degree of sexual satisfaction resulting therefrom, etc. shall be comprehensively assessed and determined (see Supreme Court Decision 201Do830, Oct. 26, 2006).