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(영문) 서울동부지방법원 2016.10.27 2016노710
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (three million won of fine) is too large.

2. Ex officio determination

A. If a judgment of conviction has become final and conclusive as to a part of the crime in relation to a single comprehensive crime prior to examining the defendant's grounds for appeal, a judgment of acquittal shall be rendered as to the crime within the extent that the judgment has its effect, and the time limit of final and conclusive judgment shall be based on the time of the final judgment, which is the final and conclusive point at which there is possibility of factual examination.

B. (See, e.g., Supreme Court Decision 82Do2500, Dec. 28, 1982).

According to the records of this case, the defendant was in violation of the Act on the Punishment of Acts of Arranging Sexual Traffic (Act on the Punishment of Acts of Arranging Sexual Traffic, etc.) at the Seoul Eastern District Court 2015Da1687, Nov. 13, 2015, and the defendant was in violation of the same year from August 7, 2015.

8. By October, 100, in the Songpa-gu Seoul Metropolitan Government D and 3, women such as H were employed and the above businesses were 70,000 won or 120,000 won in return for sexual traffic from those who find out the above businesses, and caused the above women to engage in similar sexual intercourse by stimulating the sexual organ of the men by hand and by entering the business, thereby arranging sexual intercourse.

“Along with the fact that the judgment became final and conclusive on November 21 of the same year after having been sentenced to a fine of KRW 4 million for committing an offense, such as the act of arranging sexual traffic.” However, the summary of the violation of the Act on the Punishment of Acts of Arranging Sexual Traffic among the facts charged in the instant case is “the Defendant from August 11, 2015 to the same year.”

8. By the time of May, 15, the business is engaging in sexual intercourses with similar women by having them do sexual intercourses in such a way as employing women, such as D and B, and receiving 70,000 won or 130,000 won in return for sexual intercourses from the men in the name of the non-disstigious who found the above business place, and have them go against the sexual organ of male customers by hand and by bringing about the sexual organ of male customers.

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