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(영문) 대전지방법원 2015.09.16 2015노249
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (in fact-finding and misunderstanding of legal principles) is the fact that the Defendant asked E, upon the request of the J, whether he/she is likely to work in Japan. However, the Defendant only delivered the speech of the J, but does not encourage E/her to work at a sexual traffic business establishment.

In addition, there is no fact that the defendant recommended or introduced C or D to perform a letter of work in Japan.

However, there is no fact that the defendant was involved in the interview for I's arrangement of commercial sex acts while accompanying I.

Nevertheless, the judgment of the court below which convicted the defendant of the facts charged of this case is erroneous in misunderstanding of facts and misapprehension of legal principles.

2. The summary of the facts charged in the instant case is as follows: “The Defendant: (a) at a place where it is impossible to know the place in around 2012; (b) “I am well-known in Japan; and (c) I am a lot of money for a work; and (d) D, “I am a short-term amount of money at a commercial entertainment business establishment located in a day. I am a day. I am a day.”; and (e) E said, “I am a holiday for three months in a day and have a full payment of money for a work at a commercial entertainment business establishment; (b) I am a woman with a set of money of KRW 10,000,000.”

Therefore, the Defendant introduced C, E by directly introducing C, and E by allowing E to transmit D’s pictures to I, while allowing C, D, and E to work as sexual traffic women in the above businesses, at a restaurant where it is impossible to know the trade name located in the Hannam Park in August 2012, 201, G 1101 in G 1101 in Japan, which is located in F, east, Japan, and the name of “H”.

Accordingly, the defendant introduced and arranged a job to sell sex.

3. Judgment on misconception of facts and misapprehension of legal principles

A. Based on the evidence duly adopted and examined by the court below, the judgment of the court below on the job placement of sexual traffic to E.

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