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(영문) 부산고등법원 (창원) 2016.05.11 2015노381
성매매알선등행위의처벌에관한법률위반(성매매강요등)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 40,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, misunderstanding of facts, stated in the victim’s arrangement of sexual traffic, the Defendant did not force the victim to commit sexual traffic.

B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, with regard to the violation of the Act on the Punishment, etc. of Acts through the Mediation, etc. of Commercial Sex Acts (in the indictment of this case, coercion, etc.), among the facts charged in this case, the prosecutor tried to amend an indictment to add the charges of violation of the Act on the Punishment, etc. of Acts through the Mediation, etc. of Commercial Sex Acts (Article 19(2)1 of the Act on the Punishment, etc. of Acts through the Mediation, etc. of Commercial Sex Acts (Article 19(2) of the Act on the Mediation, etc. of Commercial Sex Acts) to the preliminary charge. The application of the Act on the Punishment, etc. of Acts through the brokerage, etc. of Commercial Sex Acts (Article 19(2)1

As examined below, not guilty of violating the Act on the Punishment of Acts, such as the Mediation, etc. of Commercial Sex Acts, which are the primary facts charged in this part, and guilty of violating the Act on the Punishment of Acts, such as the Mediation, etc. of Commercial Sex Acts (the mediation, etc. of commercial sex acts), which are the ancillary facts charged, the crime of violating the Act on the Punishment of Acts, such as the Mediation, etc. of Commercial Sex Acts (the mediation, etc. of commercial sex acts) and the crime of violating the Immigration Control Act as stated in the judgment of the court below should be sentenced to one punishment in relation

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of authority.

3. Judgment on the Defendant’s assertion of mistake of facts

A. The primary charge (the charge of violating the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic) is committed by the Defendant through G around August 23, 2014.

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