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(영문) 부산지방법원 2019.01.11 2018노2742
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was unaware of the fact that sexual traffic takes place in his/her “Curmour” operated by himself/herself.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. Even if the Defendant was found guilty of an unreasonable sentencing, the lower court’s punishment (fine of 4 million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the lower court can fully recognize the fact that the Defendant provided the above telecom with the awareness that sexual traffic takes place in the cel, as stated in the lower judgment, by providing the said telecom.

Defendant’s assertion of mistake is not accepted.

① consistently from the police to the court below’s decision, D, the Defendant, stated to the effect that “I would like to talk about the sexual traffic of 80,000 won,” “I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see I would like to see I would like to see I would like to see I would like to see I would like to give I would like to me.” Since I would like to say, I would like to say that I would like to see that I would like to give I would like to me a key to E I would like (Evidence No. 2 & 65 of the evidence record). I would like to say that I would like to say that I would like to see that I would like to see that I would like to

Such statements of D support the fact that there was an agreement between the defendant and G arranging sexual traffic and the defendant to provide the above telecom as a sexual traffic place.

② On June 28, 2017, the Defendant has already been under control over the charge of arranging sexual traffic, etc. on or around 03:00 and continues to provide the said telecom to a place where sexual traffic is conducted, the Defendant shall be punished in accordance with Article 19 of the Act on the Punishment of Acts of Arranging Sexual Traffic.

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