(영문) 광주지방법원 2017.09.13 2016노5108 (1)

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(영문) 광주지방법원 2017.09.13 2016노5108 (1)

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of 2,000,000 won.

Defendant .

Reasons

1. The main reasons for appeal are as follows. Each sentence of the lower court (Defendant A: a fine of KRW 5 million; a penalty of KRW 2.1 million; and a fine of KRW 2 million) against the Defendants is deemed to be too unfasible and unfair.

2. We examine ex officio the grounds for appeal on Defendant B by the prosecutor ex officio as to Defendant B.

In the first instance trial, the prosecutor: (a) stated in the facts charged against Defendant B, “In order to assist Defendant A in committing a crime on March 24, 2016 until April 7, 2016, the second floor of the F Ground Commercial Building; (b) provided three indoor rooms and eight waters rooms with shower rooms in the above “G” against the customers who found their places; (c) provided 1.50,000 won per day average of two customers who discovered their places and provided guidance to the relevant room; and (d) notified the relevant female employees, etc. of the fact that he/she provided sexual intercourse in order to assist the Defendant A to commit a crime; and (e) notified the lower court of the change in the content of the bill of amendment to the bill of amendment to the bill of amendment to the bill of amendment to the bill of amendment to the indictment from May 24, 2016 to August 18, 2016.” (c) The part of the lower judgment, which was ordered to be changed to the Defendant’s telephone room, etc.

3. We examine the prosecutor's unfair judgment on the prosecutor's defendant A's unfair argument of sentencing, and there is no change in the sentencing conditions compared to the court below's decision, and considering the various sentencing conditions shown in the records and arguments of this case, the court below's punishment against the defendant A cannot be deemed unfair. Thus, the prosecutor's allegation in this part

4. Accordingly, the judgment of the court below on the part concerning Defendant B is unfair since there is a ground for reversal as seen earlier.

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