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(영문) 부산지방법원 2018.05.18 2017노4905
성매매알선등행위의처벌에관한법률위반(성매매)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. In fact, the Defendant: (a) provided F with his vehicle for the purpose of sexual traffic; (b) provided that the appearance was not in mind and immediately returned to the site; and (c) carried the Defendant’s vehicle on board and driving the vehicle into the telecom specified in the facts charged, and did not have any fact that the Defendant had sexual intercourse with F and paid the price.

The F's statement is not reliable because it states that the memory is well known or the defendant's appearance is distorted, etc.

Nevertheless, the lower court erred by misapprehending the fact that it found the Defendant guilty on the grounds of F’s statement, etc., thereby adversely affecting the conclusion of the judgment.

B. Sentencing, even if the Defendant was found guilty, the lower court’s punishment (one million won in penalty) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, the Defendant and the defense counsel at the lower court asserted the same as the grounds for appeal in this part of this part, and the lower court rejected the allegation in detail on the above assertion by the Defendant and the defense counsel at the lower court under the title “determination of the Defendant and the defense counsel’s assertion” in the judgment

2) In full view of the following circumstances revealed by the evidence duly admitted and investigated by the lower court based on the same evidence, the fact that the Defendant engaged in sexual traffic with F and F can be sufficiently recognized.

The court below is just in finding the defendant guilty of the facts charged of this case, and there is no error of law as alleged by the defendant.

The defendant's assertion of mistake is without merit.

① At the court of the court below, F is present at the court of the court below and “The model of the defendant is a Grandroberdi, and the color of the vehicle is a white memory.

At the time of the instant case, only the Defendant and H Station move the Defendant’s vehicle and enter the telecom.

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