(영문) 광주지방법원 2018.10.17 2018노1426 | 리걸엔진

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(영문) 광주지방법원 2018.10.17 2018노1426

성매매알선등행위의처벌에관한법률위반(성매매)등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In a case where a person who was injured by a mistake of fact (as to the crime of violence), committed violence against the defendant while leaving the place of residence of the defendant and trying to enter again, and there is no assault against the victim in a way that defends him.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On September 13, 2017, the summary of this part of the facts charged: (a) the Defendant used the victim E to receive KRW 130,000 won at the cost of sexual traffic at the above location; (b) but, on the ground that the Defendant paid only KRW 110,000 at the cost of sexual traffic, the Defendant teared the money; and (c) re-enters the horses in a way that she could not enter the said place; and (d) assaulted the victim by hand at the bottom of the victim’s speed.

B. The lower court found the Defendant guilty of this part of the facts charged on the ground that the Defendant actively prevented the victim from entering his/her residence and was an assault by taking into account the victim’s statements at the investigative agency and the lower court’s court’s court and the investigative agency’s internal investigation agency attached with field photographing photographs, etc., and that there was a case in the process of preventing the victim who intends to enter his/her residence in the interest of the Defendant.

(c)

(1) The Defendant does not enter the studio of the victim, consistently, from an investigative agency to a trial court, as to this part of the facts charged.

The facts revealed refer to the fact that is closed, but it is denied that there is no fact at the bottom of the margin as shown in the facts charged, and the evidence that seems to correspond to this part of the facts charged is made by the victim's investigative agency and the court of original instance, and there is no objective evidence supporting the facts charged.

2) However, the lower court lawful, such as the victim’s statements at the investigative agency and the court below’s court.

유사 판례

-부산지방법원 2018.05.03 2017노4496

-울산지방법원 2012.11.23 2012노301

-대구지방법원 2013.06.13 2013노329

-전주지방법원 2014.09.05 2014노445

-인천지방법원 2015.01.08 2014노2964