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(영문) 수원지방법원 2015.06.19 2014노6409
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is unlawful to collect the full amount of the revenue from the Defendant, which was jointly operated by the Defendant for mistake of facts with P.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence for eight months of imprisonment, confiscation, additional collection of KRW 7,905,00) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., H and G, an employee of the place of massage procedure of this case, stated that “The place of massage procedure of this case is operated by the Defendant couple” (Evidence No. 58, No. 81 of the evidence record), but the Defendant’s husband N stated that the Defendant was not jointly operated with the Defendant when he was investigated by his husband at the prosecutor’s office, and the Defendant did not raise any objection thereto; ② the Defendant is the lessee of the building of the place of massage procedure of this case; ③ the Defendant was a police station from the lower court to the court; ③ there was no statement to the effect that the Defendant operated the place of massage procedure of this case with another person, and thus, it is reasonable to deem that the Defendant alone operated the place of massage procedure of this case. Accordingly, the allegation of mistake of facts by the Defendant and his counsel is rejected.

B. Although the Defendant’s judgment on the assertion of unfair sentencing is against the Defendant’s recognition of the instant crime, and the Defendant’s health status is not good for the visually impaired, the act of arranging sexual traffic does not have much social harm, such as the commercialization of women’s sex and undermining the sound sexual culture and good morals, and even in order to prevent the spread of illegal sexual traffic establishments and to establish a sound sexual culture, it is necessary to call and punish the business owner operating illegal sexual traffic establishments.

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