(영문) 수원지방법원 2019.05.17 2019노643 | 리걸엔진

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(영문) 수원지방법원 2019.05.17 2019노643

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.), considering the following factors: (a) considering the communications between I who is the head of marina business operated by the Defendant and H, and the advertisement published by the Defendant’s side, the phrase “nicker flasing” is written, it is deemed that the head of marina business operated by the Defendant can sufficiently recognize the fact that he is a business place engaging in commercial sex acts, and the Defendant

B. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution, two years of community service, 160 hours of imprisonment) is too uneasible and unfair.

2. Determination

A. In light of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, and the fact that there is lack evidence to regard the phrase as similarity in the advertisement of marina business places operated by the defendant, and that there is insufficient evidence to regard the phrase as similar act. ② The court below found the defendant guilty of this part of the charges on the grounds as stated in its reasoning, in light of the following facts: H and L did not have any similarity act at the time; H and L did not have any evidence to recognize that the defendant engaged in the act of arranging sexual traffic at the same marina business place during the period indicated in the facts charged, and H did not have any violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.; and in light of the fact that there is insufficient evidence to acknowledge that the defendant engaged in the act of arranging sexual traffic at the same marina business place during the period indicated in the facts charged, the court below acquitted the defendant of this part of the charges on the grounds as alleged by the prosecutor, and there is no error in the misapprehension of facts by the prosecutor.

Therefore, the prosecutor's argument of mistake is without merit.

B. The lower court’s judgment on the assertion of unfair sentencing is disadvantageous to the Defendant.

참조조문

-성매매알선 등 행위의 처벌에 관한 법률

유사 판례

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