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(영문) 의정부지방법원 2016.06.14 2015노2568
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

1. A. The part of the lower judgment against Defendant C is reversed.

B. Defendant C shall be punished by imprisonment with prison labor for a year and April.

Reasons

1. Summary of grounds for appeal;

A. Defendant V(1) did not interfere with the crime of aiding and abetting a criminal to make a false statement at an investigation agency, etc.

2) The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment, two years of suspended execution, two years of additional collection, 184,30,000 won) is too unreasonable, and the amount additionally collected is too excessive. (B) Defendant C1 did not interfere with the misunderstanding of the facts or misapprehension of the legal doctrine (abscambing part of a criminal) by having U and B make a false statement at an investigative agency, and even if there was a fact that the Defendant instigated to do so.

Even if U and B had already instigated a criminal to commit an act of avoidance, the crime of aiding and abetting the criminal cannot be established against the defendant, and the fact that U and B stated by the investigative agency as the actual owner of the business in U and B was not enough to find or arrest the actual owner of the business in the investigation agency, and the criminal does not constitute the crime of aiding and abetting.

In addition, it is difficult to view that the act of allowing a business owner of each business of this case to make his/her statement as his/her own constitutes an abuse of his/her right of defense against the joint principal offender of the crime of violation of the Act on the Punishment of Acts, such as the Mediation, etc. of Commercial Sex Acts (the brokerage, etc. of sexual traffic) and the defendant and the accomplice

2) The punishment of the lower court (the first instance judgment: imprisonment with prison labor for 10 months, additional collection of 184,30,000 won, and imprisonment with prison labor for 10 months, 184,330,000) is too unreasonable, and the amount of additional collection is too excessive.

Defendant

A (unfair sentencing) The sentence of the lower court (10 months of imprisonment) is too unreasonable.

(d)

The Prosecutor (unfair sentencing for Defendant V and C)’s sentence is too unhued and unfair.

2. Ex officio determination was made, the Defendants and the Prosecutor filed an appeal against the lower judgment and decided to hold a joint hearing of all the above appeal cases.

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