(영문) 대전지방법원 2017.05.24 2016노3505 | 리걸엔진

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(영문) 대전지방법원 2017.05.24 2016노3505

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The judgment below

Of the defendants A, the part of the defendant is reversed.

Defendant

A shall be punished by imprisonment for eight months.

Defendant

A 15,000.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding and legal principles 1) The Defendant, around October 2015, intended to operate the instant marina business (hereinafter “B”) to Defendant B (hereinafter “B”) co-defendants of the lower court (hereinafter “B”), and thereafter did not participate in the operation of the said business. As such, the facts charged that: (a) the Defendant leased the said business to B from October 15, 2015 to February 14, 2016; and (b) provided B with a place where sexual traffic was conducted by allowing B to arrange sexual traffic for the business of the said business.

2) Since the portion of the surcharge collected KRW 9 million per month from B is received as the price for business transfer, it cannot be deemed as being subject to the collection.

B. The punishment of the lower court (a year of imprisonment and a surcharge of KRW 51,000,000) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the prosecutor shall, ex officio, keep the facts charged in this case in the first instance against Defendant A, and the facts charged in this case shall be deemed as a preparatory charge against the violation of the Act on the Punishment, etc. of Acts, such as the Mediation, etc. of Commercial Sex Acts (the brokerage, etc. of commercial sex acts) in the part of the instant facts charged that “the broker provided a place by leasing the instant marina business establishment from October 15, 2015 to February 14, 2016 to B,” which “the broker provided a place to arrange commercial sex acts” (the brokerage, etc. of commercial sex acts),” and the applicable legal provision “Article 19(2)1 of the Act on the Punishment, etc. of Acts, such as Mediation, etc. of Commercial Sex Acts, Article 32(1) of the Criminal Act, and the facts charged under the following [the reasons for the judgment]

2. The judgment of the court below can no longer be maintained in this respect, since each addition was applied for changes in the bill of indictment, as stated in the above, and since this court permitted the changes in the subject matter of the adjudication.

However, despite the above reasons for reversal of authority, the defendant's primary facts charged are erroneous.

참조조문

-형법 제32조 제1항

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