The judgment of the court below (including the part of acquittal in the reason) shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The defendant above.

Summary of Grounds for Appeal

In light of the above legal principles, the court below found the defendant not guilty as to the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. from November 1, 2011 to the present date on the grounds that there was no supporting evidence for the defendant's confession even though the prosecutor submitted the supporting evidence for the defendant's confession after the closing of argument, and there was no supporting evidence. Thus, the court below erred by misunderstanding of facts or misunderstanding of legal principles that affected the conclusion of judgment

The sentence of unfair sentencing (on the whole) by the court below is too uneasible and unfair.

In order for an ex officio judgment prosecutor to reach the trial of the instant case, he applied for amendments to the indictment with the purport that “from November 1, 201 to October 201,” the date and time of the crime under Paragraph (1) [the part concerning the punishment of the act of arranging sexual traffic] from among the facts charged in the instant case, to “from November 1, 2011 to October 201,” and the judgment of the court below cannot be maintained any more in this respect since the subject of the judgment was changed by permitting it.

However, the prosecutor's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of the court, and this is examined.

The following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts or misapprehension of legal doctrine and the evidence duly adopted by the trial court, namely, the Defendant: (a) received from the investigative agency around November 201, the proposal that “if the Defendant lends the name necessary for the registration of the business operator to operate the E, he shall pay KRW 1.5 million per month, and have it work as the head of the E ( October 29, 2013, which is the time of the investigation).”

E shall provide a sexual act with a female employee, along with a massage, to customers, and in return, he/she shall collect the fee of KRW 170,000 through KRW 180,000.