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(영문) 서울남부지방법원 2019.01.11 2018노854
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for up to eight months and by a fine of up to 3,000,000 won.

Defendant. A fine.

Reasons

1. The summary of the grounds for appeal (limited to imprisonment for eight months, two years of suspended execution, 40 hours of order to attend a lecture, 3 million won of fine, and 110,000 won of penalty) declared by the court below is too unfluent and unreasonable.

2. We examine ex officio the grounds for appeal by the prosecutor before determining the grounds for appeal.

In the trial court, the prosecutor applied for permission to modify the indictment with the content of the following facts stated in the indictment, and since this court permitted this, the judgment of the court below can no longer be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

[C] The criminal defendant is a business owner of the "C" 1st underground floor in Guro-gu Seoul Metropolitan Government.

From December 7, 2017 to January 25, 2018, the Defendant provided equipment, such as booms, shower facilities, and red sea booms, to be used in each room in each room, and employed a female employee as a female employee D, etc. of the Thailand’s nationality, and provided that the Defendant received 330,000 won of the price from F, G, and J, a customer who reported the advertisement of the said commercial sex business establishment on the Internet site, and had the said female employee do the act of comparison or sexual intercourse with the said female employee.

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

Summary of Evidence

The gist of the evidence recognized by this court is as follows: (a) except for the addition of the “court testimony of the defendant at the trial” and “each protocol for the examination of the suspect of the police against J and D”, and thus, it is identical to the corresponding column of the judgment of the court below, thereby citing it as it is in accordance

Application of Statutes

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (which shall be selected as imprisonment, but shall be concurrently sentenced to a fine under Article 24 of the said Act);

1. Detention at a workhouse;

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