beta
Text
Defendant
A Imprisonment of 10 months and fines of 6,000,000 won, and Defendant C shall be punished by a fine of 1,000,000 won, respectively.
Defendant
A. A.
Reasons
Punishment of the crime
[2016 Highest 4927]
1. In a case where the court recognizes that Defendant A was prosecuted as a principal offender for the same crime, and thus, it does not necessarily require any amendment to a bill of indictment in a case where the Defendant was not likely to have any substantial disadvantage in exercising his/her right of defense (see, e.g., Supreme Court Decision 2006Do3583, Sept. 6, 2007). In this case, the facts charged in this part of the facts charged were indicted as a joint principal offender with the joint Defendant B, but the Defendant himself/herself operated the mixed business establishment that Defendant B did not participate in the crime.
As seen below, the joint Defendant B participated as a principal offender in the crime of this case as a result of a trial, which became the main issue whether the joint Defendant B participated or not.
Since there is no evidence to view that Defendant A’s sole crime is recognized, there is no concern to substantially disadvantage Defendant A’s exercise of his/her right to defense, and thus, Defendant A’s sole crime is recognized without the amendment process of indictment.
Defendant
A is a business owner who operates commercial sex acts in the trade name of "F" on the lease of 712 of Gangnam-gu Seoul Etel.
Defendant
A, around 16:00 on February 16, 2016, advertised the above business site on the Internet site, such as “G”, etc., and reported it, and paid KRW 30,000 to H in return for engaging in commercial sex acts, and caused employees C to engage in an act of similarity, which leads employees C to the knife with the knife with the knife of H’s sexual organ, by receiving KRW 30,00 in return for commercial sex acts, etc. However, on December 28, 2015, the bill of indictment was the irregular name as of December 28, 2016. However, as the date on which an officetel was leased, the date on which the Defendant recognized as the Defendant on December 28, 2016.
From February 16, 2016 to February 16, 2016, sexual traffic has been arranged for business.
2. Defendant C: (a) around 16:00 on February 16, 201, the instant officetel 712 from the foregoing H.