(영문) 수원지방법원 2017.01.18 2016노5371 | 리걸엔진

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(영문) 수원지방법원 2017.01.18 2016노5371

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

The judgment below

Part concerning Defendant A, E, and I among them shall be reversed.

Defendant

A Imprisonment for two years, and Defendant E.

Reasons

1. Summary of grounds for appeal;

A. In full view of the evidence submitted by the prosecutor to find the facts about Defendant C’s violation of the Act on the Punishment, etc. of Acts of Arranging sexual traffic (the brokerage, etc. of sexual traffic), the court below acquitted Defendant C of this part of the charges since it provided a building located in V “V” and allowed it to engage in sexual traffic business. However, the court below acquitted Defendant C of this part of the charges. Thus, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2) Comprehensively taking account of the evidence submitted by the prosecutor as to Defendant A and I’s violation of the Punishment of Violences, etc. Act (joint coercion) and violation of the Punishment of Violences, etc. Act (joint confinement), the court below acquitted Defendant A and I of this part of the facts charged. However, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

3) Comprehensively taking account of the evidence submitted by the prosecutor as to the defendant F’s intimidation, since the defendant F, who committed both the crime of confinement and coercion against the victim AM, was a speech to prevent the victim from entering the victim, it can be fully recognized that this part of the facts charged against the defendant F, but the court below acquitted the defendant F, which is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

4) The lower court’s sentence against the Defendants A, E, F, and G’s unfair sentencing (for 2 years of imprisonment, 3 years of probation, observation of protection, community service, 160 hours of imprisonment, 1 year and 60 hours of imprisonment, 5 million won of fine: Defendant G, 1 year of probation, 2 years of probation, 160 hours of probation, 160 hours of imprisonment, 1 year of probation, 2 years of probation, observation of protection, community service, etc.) is unreasonable.

B. Defendant E and G’s sentence is too unreasonable.

2. Determination

A. Violation of the Act on the Punishment of Acts, such as arranging sexual traffic by the defendant C of the prosecutor (the brokerage, etc. of sexual traffic)

참조조문

-폭력행위 등 처벌에 관한 법률

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