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(영문) 수원지방법원 2019.01.25 2018노6874
성매매알선등행위의처벌에관한법률위반(성매매)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The defendant does not pay the above fine.

Reasons

1. The police interrogation protocol on the summary of the grounds of appeal as to D was adopted as evidence, even though the defendant, who is an accomplice, denies the content of the protocol and thus, cannot be admitted as evidence.

The remaining evidence admitted as evidence alone is insufficient to recognize the conviction of the charged facts of this case.

2. Article 312(3) of the Criminal Procedure Act applies not only to cases where the interrogation protocol of the accused prepared by investigation agency other than the public prosecutor is admissible as evidence of guilt, but also to cases where the interrogation protocol of the accused or the suspect prepared by investigation agency other than the public prosecutor is adopted as evidence of guilt against the accused (see Supreme Court Decision 2009Do6602, Nov. 26, 2009). The fact that the accused denied the contents of the interrogation protocol of the police suspect against the accomplice during the trial date of the court below is obvious in the record, and thus the above interrogation protocol of the accused is inadmissible.

Therefore, the judgment of the court below which adopted it as evidence of guilt is erroneous in the misapprehension of legal principles as to admissibility.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

【The reason for the judgment of multiple times】 The facts constituting the crime recognized by the court is as stated in the corresponding column of the judgment of the court below, and such facts are quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of D or G in part;

1. Application of Acts and subordinate statutes to the case-related photographs and evidential data submission (E site screen photographs);

1. Article 21 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Fines concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. The defendant and defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order.

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