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(영문) 부산지방법원 2020.11.27 2020노1038
출입국관리법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In other words, the Defendant did not agree with C, etc. to arrange sexual traffic for business purposes.

In addition, if police officers demand sexual traffic or similar acts in marina business places pretended to be customers in order to raise the control performance, the prosecution of this case should be dismissed because it is unlawful under the procedure as an illegal undercover investigation.

Although the collection charge of KRW 10 million imposed on the defendant at the court below cannot be determined as criminal proceeds due to the arrangement of commercial sex acts, the court below erred in imposing additional collection of the above money.

B. The lower court’s sentence of unfair sentencing (two years of suspended sentence of one year imprisonment, additional collection of ten million won) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

In this court, the prosecutor filed an application for permission for modification of a bill of amendment with the addition of "Article 33 (3) of the former Medical Service Act" to the applicable provisions of the law to the defendant, and since this court permitted it, the judgment of the court below can no longer be maintained.

However, despite the above reasons for ex officio destruction, the defendant's assertion of legal principles is still subject to the judgment of this court, and this is examined below.

3. Judgment on misapprehension of legal principles

A. Article 19(1)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. as to whether the accused has engaged in arranging sexual traffic for business purposes, provides for the punishment of persons arranging sexual traffic, and Article 19(2)1 of the same Act provides for the aggravated punishment of persons arranging sexual traffic for business purposes.

Here, it is necessary to arrange commercial sex acts for the main purpose of commercial sex acts, but it is operating business related to commercial sex acts.

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