Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. On April 9, 201, the summary of the grounds for appeal: (a) on April 9, 201, the Defendant did not run and not run the instant resting area in Busan-si C building 301; and (b) on the same day, around 23:30 on the same day, the Defendant was at the time when he was at the residence of the Defendant, rather than the additional city where the instant resting area is located.
Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.
2. Ex officio determination of ex officio, the prosecutor applied for changes in the indictment to the effect that the facts charged against the defendant was committed in collusion with the defendant's single criminal act in which the defendant's single criminal act was committed, and since this court permitted this, the judgment of the court below was no longer maintained.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio destruction, and this is examined below.
3. Grounds for mistake of facts
A. The lower court’s judgment: (a) acknowledged that the Defendant was in management and operation of the instant resort with guest rooms, shower rooms, etc. for four months from December 27, 2010 to April 27, 2011; (b) decided that F sent the instant resort to “G” news “G”, which he had been in operation, to the instant resort to the instant resort to the instant investigation agency for payment of the price for sexual traffic; and (c) E consistently stated that it received the F’s order from the investigation agency to April 9, 2011 and received the instant resort to the instant resort to the instant resort to the instant case, and (d) in view of the circumstances where, in particular, E bears the risk of punishment and takes the personal injury of sexual traffic, he/she has taken the time of sexual intercourse with his/her own name, he/she made a statement from the investigative agency and the instant court.