(영문) 수원지방법원 2018.07.13 2017노8944 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.07.13 2017노8944

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the statement of E with the summary of the grounds for appeal, even though the defendant sufficiently recognizes the fact that he/she has arranged sexual traffic for business purposes, the court below rendered a judgment of not guilty on the ground that he/she

2. 1) The lower court’s determination is difficult to recognize the credibility of the E’s statement, the only evidence conforming to the facts charged in the instant case, for the following reasons.

On the other hand, the judgment of innocence was pronounced to the defendant.

① E was under the influence of alcohol at the time of the instant case.

(2) The E’s statement is not reliable because the part concerning accommodation expenses and the amount of price for sexual traffic and payment method are not consistent and is not consistent with objective evidence.

2) In light of the content of the judgment of the court of first instance and the evidence duly examined by the court of first instance, the first instance judgment on the credibility of the statement made by the witness at the court of first instance was clearly erroneous.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court, based on the results of the first instance examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court should not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s judgment (see Supreme Court Decision 2006Do4994, Nov. 24, 2006). In light of the evidence duly adopted and examined by the lower court, the lower court’s judgment rejecting the credibility of the statement was clearly erroneous.

There is no circumstance to see.

Therefore, the court below was justified to find the defendant not guilty.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

참조판례

-대법원 2006. 11. 24. 선고 2006도4994 판결

유사 판례

-인천지방법원 2018.06.08 2018노394

-인천지방법원 2018.06.08 2018노408

-서울북부지방법원 2018.04.05 2017노2234

-서울북부지방법원 2018.05.10 2017노2496

-인천지방법원 2018.04.13 2017노3855