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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal by defense counsel;
A. In fact, the Defendant: (a) around March 2015, 2015, (b) had been engaged in marina business while operating the instant sexual traffic business; and (c) had been engaged in arranging sexual traffic only from June 9, 2015 to June 16, 2015 by not engaging in arranging sexual traffic.
In addition, as the sexual traffic business place of this case does not have any customer, the average number of customers per day is less than seven, and even though they do not engage in commercial sex acts, they also receive and return to the place.
Nevertheless, the lower court found the Defendant guilty of engaging in sexual traffic from February 1, 2015 to June 8, 2015 among the facts charged in the instant case and calculated an excessive surcharge.
B. Of the instant facts charged by misapprehending the legal doctrine, the lower court convicted the Defendant of this part of the facts charged without any evidence other than the Defendant’s confession, inasmuch as there is no other evidence as to the part mediating sexual traffic from February 1, 2015 to June 8, 2015.
Therefore, the court below erred by misapprehending the legal principles on the rules of confession reinforcement, which affected the conclusion of the judgment.
(c)
In light of the fact that the illegal criminal defendant is against the wrong sentencing, there is no history of criminal punishment, the transfer of the instant sexual traffic business establishment to a third party, the support for his/her family members, and the economic difficulties, etc., the sentence of the court below to impose an order to take lectures for the prevention of sexual traffic, an order to attend a course for 40 hours, and an order to attend a course for 46,970,000 won is too unreasonable.
2. Determination
A. The following circumstances are acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of misunderstanding of facts, i.e., the Defendant, in the statement prepared by the police on June 17, 2015, (i) the Defendant began to operate the business on February 1, 201 and operated the first UN AC two Koreas, and was introduced by the branch of April.