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(영문) 대전지방법원 2014.09.17 2014노130
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor in the trial of the lower court, the lower court acquitted the Defendant of the facts charged, although it could be recognized that the Defendant had engaged in the arrangement of commercial sex acts from February 2, 2013 to October 25, 2013. However, the lower court acquitted the Defendant of the facts charged.

B. The lower court’s sentence (5 million won of a fine) imposed on the Defendant is too uneased and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The gist of this part of the facts charged is that the Defendant is a person who operates a massage place in the name of “I” in Seoan-gu, Seoan-gu, Seoan-si. From February 2013 to October 25, 2013, the Defendant engaged in the business of arranging sexual traffic by receiving money from customers from the said I and allowing them to engage in sexual intercourse with customers.

B. The court below found the defendant not guilty on the grounds that the facts charged in the judgment of the court below are recognized, but there is no evidence to prove this part of the facts charged or no evidence to reinforce the confession of the defendant.

C. The evidence duly adopted and examined at the original judgment and the trial of the political party; in particular, the following circumstances acknowledged by the prosecutor’s entry of the Defendant’s business registration certificate in the name of the Defendant, credit card transaction statement, and the protocol of suspect interrogation of the unemployed L in the prosecution’s protocol of suspect examination of the unemployed L, etc., in other words, the Defendant’s registration of the above I was completed in the Defendant’s name on February 7, 2012; from February 2013 to October 25, 2013 at the above I’s workplace, the amount of KRW 1.82,515,00,000 as the principal settlement amount, or the amount of KRW 422,515,00,000 as the total settlement amount, from February 7, 2013 to October 25, 2013.

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