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(영문) 의정부지방법원 2019.08.29 2018노2769
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months and a fine of up to seven million won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of the grounds for appeal and the sentencing (the original court: a fine of seven million won);

2. We examine ex officio the determination.

In the trial at the trial, the prosecutor applied for changes in the indictment that "the act of providing a place for sexual traffic" was "the act of providing a place for sexual traffic for business", and the applicable provisions of the law are applied for changes in the indictment that "Article 19 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic" to "Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic", and since the judgment is changed by this court's permission, the judgment of the court below is no longer maintained

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the judgment below is again decided as follows after pleading.

[D] A person who has committed a crime is the head of a building as defined in D, which is a place of sexual traffic business located in C at the time of strike.

At around 23:00 on March 15, 2018, the Defendant, despite being aware of the fact that sexual traffic takes place in the said subparagraph “D” E, leased the said building to A, thereby arranging sexual traffic providing a place for sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol concerning F and G;

1. Application of statutes on site photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense and the Punishment of Act on the Punishment of Acts of Arranging Sexual Traffic (Concurrent imprisonment with prison labor and a fine pursuant to Article 24 of the Act on the Punishment of Acts of

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. A person who has a reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant commits the instant crime even though he/she had the record of being punished for the same criminal record.

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