(영문) 의정부지방법원 2014.04.04 2013노1652

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Reasons

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(영문) 의정부지방법원 2014.04.04 2013노1652

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

, however, the defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found Defendant A as a business of arranging sexual traffic in collusion with Defendant B and thereby convicted Defendant A of the facts charged is erroneous in the misapprehension of facts, even though Defendant A merely lent Defendant A the name of the massage place in the facts charged (hereinafter “the massage place in this case”).

B. Although there is no objective evidence to support the amount of additional collection against the Defendants, the judgment below ordering additional collection of KRW 214,125,000 per each of the Defendants is erroneous in the misapprehension of legal principles as to additional collection, which affected the conclusion of the judgment.

C. The sentence of unfair sentencing (the defendants A) sentenced by the court below to the defendants (the 2-year suspended sentence of imprisonment, the 2-year additional collection of 214,125,000 won, the 2-year suspended sentence of imprisonment, the 2-year additional collection of 214,125,000 won) is too unreasonable.

2. The following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts and the evidence duly admitted and investigated by the court below and the court below, namely, Defendant A: (a) acknowledged that he/she was the owner of the place of massage treatment in this case when he/she led to the confession of all the facts charged at the investigative agency and the court below; and (b) Defendant A issued a summary order of KRW 10,000,000 on September 10, 2009 and confirmed that the said summary order became final and conclusive on November 13, 2009 upon the issuance of the summary order of KRW 10,000,000 from March 6, 2009 to April 23, 2009; and (c) the owner of a commercial building with the place of massage treatment in this case, Defendant A stated that he/she would operate the place of massage treatment in the said commercial building and concluded a lease contract directly with Defendant A by having been paid from the account of Defendant A.

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