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(영문) 대법원 2014.02.27 2013도14803
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

According to the reasoning, the court below maintained the judgment of the court of first instance that rejected the prosecutor's assertion that the crime of summary order and the crime of this case in the final summary order were committed under a single and continuous criminal intent, since the act of arranging sexual traffic was committed in the same type of business under the trade name similar to the same place of business at the time when one month has not passed since the control over the criminal act for which a summary order of KRW 5 million was issued on May 10, 2013 against the defendant, and that the criminal act of this case was committed in the final summary order and the criminal act of this case was committed under the single and continuous criminal intent. In the summary order case where the defendant's final summary order was performed independently after five days have passed since the resumption of business and engaged in the act of arranging sexual traffic, and thus, the unity and continuity of the criminal intent of the defendant was severed, and therefore, the defendant

In light of the relevant legal principles and records, the judgment of the court below is just, and there is no error in the misapprehension of legal principles as to the renewal or acceptance of a single comprehensive crime, as otherwise alleged in the ground of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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