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(영문) 대구지방법원 2017.11.24 2017노2754
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

[2017 Highest 695] Of the lower judgment, each part of the crimes in 2017 Highest 695 is reversed.

The defendant shall be sentenced to six months of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Of the facts charged in the instant case, Defendant 1 did not engage in an act of interference with business, on the grounds that there was no fact that the Defendant merely engaged in 90 road personnel at a 90-road singing place without choice due to O or R, while opening inside or outside the studio, and there was no fact that he would raise an employee or have a large volume of sound.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.

2) The punishment sentenced by the lower court (2017 order 139 cases: imprisonment with prison labor for a year, 37,650,000 won and with respect to each of the crimes of the highest 695 cases: imprisonment with prison labor for a period of 1 year, 37,650,000 won and 2 years of suspended execution) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. On February 22, 2015, the Defendant, Q, P, R, S, and U in this part of the facts charged, at the “AE” singing shop operated by the victim AD (37 years of age) located in the Gyeongbuk-gun, Gyeongbuk-gun on February 22, 2015, R gets drunk, and thereafter, the Plaintiff, who is the same organization’s fleet, entered the said establishment, and thereafter, entered the said establishment, and then the organization’s cause R was a large sound while carrying out 90 road personnel.

"......." The force of the organization as a part of organized violence has been over, and the defendant, P, U, Q, and S, who is the cause of the organization, arrive in the above establishment in consecutive order, and was in the room in the corridor.

O and R “Libs, Ebs.h. H. H. H.

Nar, Nar, Larnar, Larnar, Larnardo

“.” In addition, the said establishment interfered with the entertainment shop business of the said establishment by force by putting the power as an organized violent force, such as conducting another 90 road personnel, and without having ordered the said 90 road traffic, putting in and out of the studio, making a studio increase to the employees who worked in the studio, making the studio and making a great sound, etc., and thereby preventing other customers from entering the said establishment for about one hour.

2) Determination A.

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