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(영문) 대법원 2017.12.13 2017도13286
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the relevant legal doctrine and the evidence duly admitted, it is justifiable for the lower court to have affirmed the first instance judgment that found Defendant A guilty of the facts charged in the instant case and collected KRW 48,015,00 from the said Defendant for reasons indicated in its reasoning.

Contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts beyond the limit of free evaluation of evidence in violation of logical and empirical rules, or by violating the legal principles concerning the collection of additional charges under Article 25 of the Act on the Punishment of Acts, such as the brokerage of sexual traffic, or by violating the principle of in

2. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the relevant legal doctrine and the evidence duly admitted, it is justifiable for the lower court to have maintained the first instance judgment convicting Defendant B of the facts charged in the instant case on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, there is no error of misapprehending the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules or violating the legal principles as to joint principal offenders of public offering.

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

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