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(영문) 서울중앙지방법원 2013.10.25 2013노3011
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the first instance shall be reversed.

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

The above fine shall be imposed on the defendant.

Reasons

1. The Defendant filed an appeal against the judgment of the first instance court, and received the notification of the receipt of the trial record on September 25, 2013 by this court, but failed to submit the statement of grounds for appeal within the period prescribed in Article 361-3(1) of the Criminal Procedure Act, and no statement in the petition of appeal

2. However, since the judgment of the court of first instance has the following reasons for ex officio investigation, the judgment of the court of first instance is no longer maintained due to the following changes in circumstances, and the judgment of the court of first instance is no longer maintained, since the public prosecutor made an application for change of indictment to add the facts charged to the defendant at the time of the trial and this court permitted the application for change of indictment to the effect that the public prosecutor added the facts charged to the defendant.

3. Therefore, the judgment of the court of first instance is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the following is again decided after pleadings, since the judgment of the court of first instance ex officio grounds for reversal prior to the judgment.

[C] The criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are the criminal facts and the summary of the evidence. The judgment of the court of first instance in the facts of the crime, "the defendant, in collusion with D, mediates commercial sex acts for business purposes" in the judgment of the court of first instance. The defendant, as well as the defendant from April 16, 20

5. From May 6, 2013 to June 5, 2013, the same year from the time when it was controlled in collusion with D, and thereafter passed thereafter;

8. Until December 21, 200, Defendant alone committed an act of arranging sexual traffic by means of the above manner.

In addition, the summary of evidence is identical to the judgment of the court of first instance, except for adding "each police interrogation protocol againstG and H" and "investigation report" to the summary of evidence, so it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning criminal facts and the selection of punishment;

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