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(영문) 광주지방법원 2013.06.05 2013노924
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

1. The part of the judgment of the court below against the defendant C is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

seizure.

Reasons

1. Summary of grounds for appeal;

A. Defendant C’s punishment (a) is too unreasonable for Defendant C’s imprisonment with prison labor for up to eight months and 1-12).

B. Defendant D1) misunderstanding the fact that the Defendant had conducted business at the time of K’s brokerage business of each of the instant sexual traffic (hereinafter “instant building”).

(2) The lower court convicted the Defendant on the ground that the Defendant did not have the right to dispose of, and did not have any fact that he was either engaged in the said commercial sex acts or received the usage fees of the instant building, and thus, it cannot be deemed that he provided a commercial sex acts building. Therefore, the lower court erred by misapprehending the facts. (2) The lower court’s sentence of unfair sentencing (2 years of suspended execution for one year, 200 hours of probation and community service) is too unreasonable

2. Determination

A. The judgment ex officio (part against Defendant C) prior to the judgment on the grounds for appeal by the Defendant, the Prosecutor applied for changes in indictment with respect to the Defendant as stated in the following criminal facts by this court, and the subject of the trial changed by this court. As such, the part of the judgment of the court below against the Defendant cannot be maintained any further.

B. Article 2(1)2(c) of the Act on the Punishment of Acts of Arranging 1’s Grounds for Appeal provides that “an act of providing a building with knowledge of the fact that it is provided for sexual traffic” constitutes “act of arranging sexual traffic, etc.”. However, in light of the legislative intent of the Act on the Punishment of Acts of Arranging 1’s sexual traffic and the fact that the said provision does not limit the acts of arranging sexual traffic, which are connected to our society by blocking a supplier of sexual traffic and an intermediate vehicle, and the contents of the act of providing a building to deliver the building, the above provision is not limited to the act of delivering the building.

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