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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal is as follows: (a) the facts charged in this case is established separately for each owner of sexual traffic, the payment of which is made to the Defendants; and (b) the crime is not identical and the criminal intent is renewed, and each of the above crimes constitutes substantive concurrent relations.
Therefore, even though it cannot be deemed that the res judicata effect of the final and conclusive judgment which was punished for committing the act of arranging sexual traffic does not affect this case, the judgment of the court below which acquitted the Defendants on the facts charged in this case on the ground that the facts charged in this case and the facts charged in this case are related
2. In a case where a single and continuous criminal committed the same kind of crime repeatedly for a certain period under the same or similar method and the legal benefits of the damage are the same, each of the crimes shall be deemed to be a single comprehensive crime.
(2) In light of the above legal principles, the Defendants were convicted of the facts constituting the crime that they recruited and received compensation for sexual traffic from March 6, 2015 to March 7, 2016 (the first instance court's Jinju Branch Branch Branch Branch of the Changwon District Court 2017Da552), which became final and conclusive on September 20, 2017, and the facts charged in the instant case committed before the above final judgment and its confirmation are close to the date and place of the Defendants at a close place, and at the same time and place, the Defendants provided the following sexual traffic business owners with a single criminal intent to recruit and receive sexual traffic, and there is no other circumstance to deem that the Defendants had renewed the criminal intent among the continuous criminal intent.
The crime of arranging sexual traffic, which is a crime of the same kind, has been repeatedly committed in the same or similar manner, and all the legal benefits of the crime such as arranging sexual traffic are the human rights of the victims of sexual traffic.