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(영문) 서울서부지방법원 2017.03.16 2016노1510
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding the facts and misapprehension of the legal principles 1) The Defendant was aware that G was engaged in a mathy, and did not know that it was sexual traffic, thereby participating in the brokerage of sexual traffic.

subsection (b) of this section.

2) Even if the Defendant, etc. did not intend to commit a crime of arranging sexual traffic, the Defendant, etc. may engage in sexual traffic by asking the "whether it is possible for the control police officer to continue to engage in

That is, it constitutes an illegal naval investigation.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. According to the evidence duly admitted and examined by the court below, the defendant can be found to have taken the part in G in the future, which is a place of sexual traffic, while knowing that G is engaging in sexual traffic. Thus, the defendant's assertion of mistake is not acceptable.

B. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant et al. can be recognized as having attempted to arrange sexual traffic against the police officer who pretended to be a customer while having the intent of arranging sexual traffic from the beginning. Thus, this part of the defendant's assertion cannot be accepted.

1) Control police officers are connected to smartphone N, and they are placed by Defendant B(O) co-Defendant B(O) of the lower judgment, with a thickness in the crypt of sexual traffic (hereinafter referred to as “nick place”).

3) See Eul’s report “Isday”

The answer was “,” and the above B responded to the purport that “I are Korean women, are good, are 120,000 won, are 120,000 won, the mobile cost can be cancelled in 20,000 won, and the phone number may be changed to be known,” and thereafter, I asked police officers in charge of the telephone call to capture and inform her of the phone number.

2) The controlling police officer was able to catch the telecom and informed the Defendant’s side of the room.

3) The controlling police officer’s satisfying on the Defendant’s side “one satisfy, but at the same time satisfys?

“The Defendant’s side is immediately the same.”

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