2017 Violation of the Act on Special Robbery and the Punishment of Arrangement of Commercial Sex Acts, Etc.

(Good Practices, etc.)

A

Powers Nanawon (Court of Prosecution), Gangwon-gu (Court of Public Trial)

Attorney B (Korean National Assembly)

May 11, 2017

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

The charge of special robbery among the facts charged in the instant case is acquitted.

Criminal facts

On June 4, 2016, the Defendant: (a) received expenses of USD 700 in total (800,000) from Korean travelers G, and H, the hotel accommodation expenses, and commercial sex acts, etc. transferred from 'E' 'E' 'E' 'E' 'E' 'E' 'E' 'E' 'E' 'E' from 'G'; and (b) introduced G and H to - a local female name I and J from 2:30 on the same day until June 5, 2016, the Defendant arranged commercial sex acts by having G - from 2:30 on the same day to 412 on the same day, and from H to 4.10 on the above hotel 4.10 on the same day, it arrange commercial sex acts by having each of the above local women with sexual intercourse.

In addition, the Defendant, from the beginning of 2011 to around that time, carried out business activities, such as arranging sexual traffic, against Korean travelers visiting the Philippines in the same way.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness G and H;

1. One copy of the output of the contents of the K conversation (No. 3 of the evidence list), the screen data of the Internet site, and the output of the NAber search data;

1. Report on internal investigation (related to the extraction of the screen of materials), investigation report (specific D location);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (Selection of Imprisonment)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of recommendations according to the sentencing criteria;

Type 2 of sexual traffic, etc. subject to age 19 or older (referring to arranging sexual traffic through business or giving and receiving, etc.) shall be the area aggravated (referring to advertising activities or arrangement using high radio waves) and one year to three years of imprisonment.

3. Determination of sentence: In light of the fact that the crime committed through one year of imprisonment and two years of suspended execution is not good, and the period for arranging sexual traffic is not shorter than the period of arranging sexual traffic, punishment equivalent to the responsibility of the accused is inevitable.

However, the fact that the defendant reflects his mistake, and that there is no record of punishment for the same kind of crime, etc. are favorable to the defendant.In addition, all the sentencing factors specified in the records and arguments of this case, such as the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., shall be determined as per the order.

Parts of innocence

1. Facts charged;

From around 2011, the Defendant introduced Korean tourists visiting the Republic of Korea, who had been engaged in the business of arranging tour and sexual traffic for them, from "F," who had resided in the Philippines and operated the next portal site "E", and solicited Korean tourists who are engaged in sexual traffic in the Philippines to take care of money and valuables for the release of them, as if they were arrested and arrested, and the Defendant played a role of inducing them to travel to Korean tourists, and to participate in the business of arranging tour and sexual traffic for them, such as L, M, the above F and three persons without name, etc. to participate in sexual traffic in the Philippines, and to instruct them to take care of the victims of sexual traffic, as if they were arrested and arrested, and to instruct them to take care of the victims of sexual traffic, and to instruct them to participate in sexual traffic, and to regulate and regulate the Korean tourists' names and three persons who belong to the Philippines, who belong to the NA and three persons who belong to the NA, in relation to sexual traffic.

On June 5, 2016, from around 7:00 to July 7:30, 2016, the Defendant found D with three persons in distressed name, and opened a door by leaving the above victim G (29 years of age) and the victim H (28 years of age) visit in order, three persons in distressed name show the NBI police identification card and dispatch the victims as sexual traffic, and arrest the victims by regulating the victims as sexual traffic, and then, the Defendant and two persons in distressed name are on board the back of the passenger car parked in advance on the rear side of the above hotel, and the Defendant and two persons in distressed on the driver’s seat, the Defendant and two persons in distressed on the back of the passenger car parked in advance on the back of the above hotel, and led the victims by driving the UV vehicle, leading the victims to the NBI headquarters in the Philippines, and went into the building at the sUV Az. Do.

From the same day until 14:30 of the victims of sexual traffic, the victims of sexual traffic were allowed to prepare a personal investigation report as soon as they were investigating the victims of sexual traffic at the same day, and the mother of the victims of sexual traffic had frightened to face with the middle-year female, and take a attitude to charging gun and gun guns and guns, etc. The defendant fBI is the same organization as the Korean internal donation, and if the victims were to go to the house without the prosecutor's investigation, fBI is the same organization as the Korean internal donation, and if they were to go to the house without the prosecutor's investigation, fright arrived at the contact with the defendants at the same time as the local situation of the defendant and NBI are well aware of the fact that the victims of sexual traffic were to face with the Korean Embassy located in the Korean Embassy, and if L and M were to face sexual traffic with the victim of sexual traffic, it is not possible to request the victims to release them from the said fester's name and family member's identity or to make a report on the above fest's life.

The Defendant, L, M, and three persons in distressed with name: (a) by threatening the victims, suppressing their resistance; and (b) by forcing them to contact their family members in Korea and to deposit their release money to them; (c) from 15:12 to 15:48 of the same day, the Defendant deposited KRW 29.6 million in the national bank account in the name of the Korean currency exchangeer N; (d) around 20:21 of the same day, the Defendant, L, M, and three persons in distressed with name, deposited KRW 5 million in the new bank account in the name of the Korean currency exchangeer N; and (e) around that day, the victim H withdrawn KRW 1.3 million from cash services; and (e) received KRW 16 million from around 07:40 on June 6, 2016 to April 09:

Accordingly, the defendant took the total of KRW 51.9 million from the victims jointly with L, M, F, and nameless winners.

2. Determination

Comprehensively taking account of the evidence adopted and examined by this Court, the following circumstances are recognized:

① From May 5, 2016 to June 20, 2016, M&L misrepresentation of foreign diplomats at the time of the instant crime: (i) sent approximately 60 calls or messages to the victims using "E" and "K (R: Q. Q. R.); (ii) after the instant case, the victims were arrested, the victims were not released from their passport at the victim’s location; (iii) the victims were released from the victim’s vehicle market, and (iv) the Defendant was released from the victim’s vehicle market to KRW 26 million; and (iv) the Defendant was released from the victim’s vehicle market to KRW 80,000,000 at the time of the instant incident, and the Defendant was released from the victim’s vehicle market to KRW 30.0,000,000, more than KRW 60,000, more than KRW 30,000 for each victim’s first time.

In light of the above circumstances and the facts charged, there is a strong doubt that the Defendant, along with L, M, etc., participated in the crime in light of the fact that three victims of the Philippines, including the police officers, etc. belonging to the NBI, are on board, and the Defendant got L at the place of the NBI building.

However, in full view of the following circumstances acknowledged by the records of the instant case, the evidence submitted by the prosecutor alone, despite the aforementioned doubtful circumstances, cannot be deemed as having been proven beyond a reasonable doubt that the facts charged that the Defendant forcibly took 51.9 million won in total from the victims jointly with three persons in L, M, F, and name-free boxes.

① 피해자들은 NBI 건물이라는 곳에는 철창과 자물쇠가 있는 구치소도 있고, 주차장과 입구 안내데스크도 있었다고 진술하였는데, 필리핀 산페르난도시 팜팡가에는 NBI 센트럴 루손 지역 사무소가 실제로 있었던 것으로 보인다. 그 곳에서 피고인 및 피해자들은 신상명세서에 이름, 한국 주소, 한국 가족들 이름, 문신이 어디 있는지를 적고 십지지문을 찍기도 하였다. 피해자들은 당시 M가 L과 친분이 있는 것으로 보였고, 피고인과는 서로 잘 모르는 사이로 보였으며, 피고인이 협상과정에 관여한 사실은 없고, L이 석방금을 정하여 피해자들에게 알려주었다고 진술하고 있다. 이에 비추어 보면 필리핀 현지 NBI 직원 등이 피고인과 피해자들을 체포한 후 석방의 대가로 돈을 받아내기 위해 현지 거주 여행가이드인 피고인으로 하여금 석방금 지급을 중개할 수 있는 사람을 불러 피해자들로 하여금 석방금을 지급하도록 요구하였을 가능성도 쉽사리 배제할 수는 없다.

② Vehicles used by the Defendant when the victims were exposed, and vehicles used by the victims so that the Defendant would have driven while driving a car after the victims was unfolded. However, the victims cannot be readily concluded that the above vehicles are identical because the Defendant was unable to memory until the number of vehicles used when the victims were exposed. Moreover, if the Defendant and L were to have negotiated the amount of release at the request of the Defendant, it is difficult to view that it would be very exceptional to allow the Defendant to temporarily use his/her vehicle to the hotel.

3 The Defendant and the victims received part of the release money directly from the victim or money exchange, but it is also reasonable that the Defendant, who had resided in a local area and mediated sexual traffic for the victims, received the release money from the victims and delivered it to the NBI personnel through L, M, etc. on his/her own behalf. Therefore, it is insufficient to view that the Defendant recruited or participated in the instant crime on the basis thereof.

④ The Defendant appears to have arranged the local sexual traffic of Korean tourists through the following portal sites for a long period of time through a "E" camera, and there are no cases where the Defendant suffered the same damage as the facts charged among the tourists who arranged the sexual traffic through the above car page.

⑤ The criminal act, such as the facts charged, appears to be a Korean tourist who had been engaged in sexual traffic in the local area as victims, and is a local residence guide, which may be used by the defendant for committing such criminal act. As such, the defendant cannot be deemed to have participated in the criminal act on the ground that the victims took persons, such as NBI's staff, etc., into a hotel where the victims implied, and that the defendant was released without release or release by the defendant. Furthermore, as the defendant was willing to avoid his responsibility and to pay the release amount, there seems to be some reason for the victim to make a false statement.

⑥ 이 사건에서 L과 M가 NBI 직원 또는 이를 사칭한 필리핀 현지인들과 공모하였거나 또는 석방금액을 부풀려 이를 가로챘다고 볼 사정은 충분하지만, 피고인이 이익을 분배받았다고 볼만한 증거가 없는 이상 피고인이 L을 부른 점과 피해자들이 석방금을 내도록 도왔다는 점만으로 피고인이 처음부터 공소사실 기재의 범행을 공모하였다.

It is difficult to readily conclude it.

Thus, this part of the facts charged against the defendant constitutes a case where there is no proof of crime, and thus the defendant is acquitted under the latter part of Article 325 of the

The presiding judge, judges, and the Yellow Constitution

Judges Jong-jin

Judges Kim Jae-han