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(영문) 수원지방법원 2019.06.20 2019노2165
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant was requested by the police officer who pretended to be a customer to arrange sexual traffic, the Defendant introduced female employees. Despite the Defendant’s recommendation, the above police officer did not actually engage in sexual traffic.

The Defendant’s crime of this case is committed by the police officer’s naval investigation, and thus, the dismissal judgment should be sentenced, or the Defendant should be acquitted on the ground that the actual sexual traffic did not occur.

B. The sentence of the judgment of the court below on unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of mistake of facts and misapprehension of legal doctrine, the instant crime cannot be deemed to have been caused by the investigation of the control police officer’s criminal intent.

① According to the facts charged in this case, the Defendant arranged commercial sex acts for the business from August 15, 2018 to September 6, 2018.

(2) On September 6, 2018, the controlling police officer obtained intelligence that sexual traffic takes place at the instant marina business establishment, and entered the instant marina business establishment in front of customers.

③ We asked how a traffic officer operates a business for the Defendant, who is the owner, and the Defendant expressed to the traffic police officer that “if a traffic officer, 50,000 won or more, and 30,000 won is added to hand-on, and 80,000 won is added. I am well-known. I am well-known. I am fly and fly, I am.” The Defendant, at the instant marina business establishment, informed him of the fact that a sexual traffic in the form of similar sexual intercourse, constitutes a sexual intercourse.

④ On August 15, 2018, the Defendant was investigated by the police, and was engaged in marina business from around August 15, 2018, and at that time, 80,000 won from customers, when there were only one to two customers, who are able to serve as her hands.

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