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(영문) 대전지방법원 2014.09.18 2014노338
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The judgment of the court below (including the part of acquittal in the reason) shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The defendant above.

Reasons

Summary of Grounds for Appeal

The lower court acquitted the Defendant of the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. from December 2, 2012 to September 1, 2013 among the facts charged in the instant case, on the grounds that there was no supporting evidence without accepting the application for resumption of argument, even though the prosecutor submitted supporting the confession of the Defendant after the closing of argument, and on the grounds that there was no supporting evidence. Therefore, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine that affected the conclusion of the judgment.

The sentence of unfair sentencing (on the whole) by the court below is too uneasible and unfair.

The following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts or misapprehension of legal doctrine and the evidence duly adopted by the trial court, i.e., the Defendant: (a) received from the prosecutor’s office a proposal from the J that “if the Defendant lends the name necessary for the registration of the business operator in order to operate the E, he/she shall pay 2 million won per month and have it work as the president before filing a report of suspension of business on September 2, 2013.”

E, along with the massage, operated a sexual act with female employees as a service to customers as well as a fee.

In full view of the fact that “A” made a statement to the purport that the Defendant continued from December 4, 2012 to September 1, 2013, and led to the confession of the fact that a sexual traffic intermediary business was conducted, and ② the actual business owner of E made a statement in support of the Defendant’s confession, the lower court found the Defendant not guilty of this part of the charges, based on the following: (a) the prosecutor’s office acquitted the female employees engaged in sexual traffic from December 4, 2012 to August 2013; (b) provided a sexual act with the female employees as a service; (c) operated E in the manner of receiving a fee of KRW 170,00 to KRW 180,00; and (d) provided the Defendant, who is the visually disabled, as the president, employed the Defendant as the president.

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