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(영문) 대법원 2015.12.10 2015도15615

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted and examined by the lower court and the first instance court on the Defendant’s grounds of appeal, the lower court’s determination that the part concerning E among the facts charged in the instant case is found guilty on the grounds indicated in its reasoning is justifiable.

There is no violation of the principle of free evaluation of evidence against logical and empirical rules.

2. On the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendant on the part concerning C and D among the facts charged in the instant case on the ground that there was no proof of the relevant crime, and acquitted the Defendant.

Examining the record, the above determination by the court below is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or violating the principle of court-oriented and direct examination.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the remaining guilty part is not indicated in the petition of appeal or the appellate brief.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.