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(영문) 인천지방법원 2015.05.29 2015노890
성매매알선등행위의처벌에관한법률위반(성매매)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. With regard to the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (sexual traffic), among the facts charged in the instant case, the lower court acquitted the Defendant of this part of the facts charged on the ground that there is no evidence to reinforce the confession of the Defendant, even though on-site photographs bound in the investigation record were corroborating evidence for the confession of the Defendant.

The judgment of the court below is erroneous in the misapprehension of legal principles as to reinforcement evidence, which affected the conclusion of the judgment.

2. Determination:

A. The summary of the facts charged is as follows.

B. The lower court rendered a judgment that acquitted the Defendant under the latter part of Article 325 of the Criminal Procedure Act on the ground that the facts charged constitute a case where there is no proof of a crime, on the grounds that the said facts charged constitute a case where there is no proof of a crime.

C. The reinforcement evidence of the confessions (i) is sufficient if it is sufficient to recognize that the confessions of the accused are true, not processed, even if the whole or essential part of the facts constituting the crime is not sufficient, and if it is possible to recognize the facts constituting the crime as a whole as evidence of guilt as evidence of guilt.

(See Supreme Court Decision 2008Do2343 Decided May 29, 2008, etc.). According to the evidence duly admitted and examined by the court below, the defendant stated that he/she committed the act of similarity by taking advantage of his/her hand from August 25, 2014 to September 1, 2014, by taking advantage of his/her hand, after receiving 70,000 won from the investigative agency to the court of the court of the court below. The defendant led to the confession of all of the crimes of this case; the fact that all of the crimes of this case occurred in the site photographs taken by the police at the time of regulating the police; and the fact that the act of similarity, such as inside the sexual traffic business establishment, and the date of the above recognition, was also revealed by the victim in light of the above legal principles.

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