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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the fact that the defendant knew that the second floor among the buildings located in Jeju City C (hereinafter “the building in this case”) was operated as a commercial sex acts business establishment and provided it to E can be sufficiently recognized.
2. Determination
A. The summary of the facts charged in the instant case is the owner of a building of “D”, which is a commercial sex acts business establishment, and Defendant A was discovered while engaging in an act, such as arranging the commercial sex acts at the same place around August 27, 2015, and was investigated by the Jeju East Police Station as a crime of arranging commercial sex acts, and was in the Jeju District Court.
As such, the Defendant provided the second floor of the instant building to E with the knowledge of the fact that the second floor of the instant building was provided for sexual traffic around June 28, 2016, although the Defendant was not allowed to provide the building so that he/she may engage in sexual traffic.
B. The lower court found the Defendant not guilty on the grounds that the facts charged in the instant case constituted a case where there is no proof of criminal facts for the following reasons.
According to the evidence duly adopted and examined by the lower court, the Defendant leased the second floor of the instant building to F on March 2014, and the F is no longer able to operate the said building, and on August 17, 2014, the lower court concluded a lease contract with E to newly lease the second floor of the instant building, with a deposit deposit of KRW 10 million, annual rent of KRW 10 million, annual rent of KRW 10 million, and five months of the lease period (based on January 31, 2014), and the said lease period was renewed until December 31, 2015; ② At the time, E operated the second floor of the instant building and sold cosmetics to the Defendant; ③ The Defendant was suspected of violating the Act on the Punishment of Commercial Sex Acts, Etc., of the instant building (based on the 20th floor of August 27, 2015).