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(영문) 대법원 2017.01.12 2016도14373
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of Defendant A’s appeal, the lower court was justifiable to have found Defendant A guilty of fraud among the facts charged in the instant case on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules.

2. Examining the reasoning of the prosecutor’s appeal, it is justifiable for the lower court to have affirmed the first instance judgment that acquitted Defendant B on the ground that there was no proof of crime regarding the violation of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (i.e., brokerage of sexual traffic) from November 24, 2013 to July 29, 2014 among the facts charged in the instant case against Defendant B, based on the reasons indicated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules.

On the other hand, the prosecutor appealed against the entire judgment of the court below against Defendant B, but the remaining convictions are not indicated in the petition of appeal or the reasons for appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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