(영문) 수원지방법원 2019.02.13 2018노2952 | 리걸엔진

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(영문) 수원지방법원 2019.02.13 2018노2952

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The Defendant, as the owner of the “C” building on the B and the second floor of the instant facts charged (hereinafter “instant building”), leased the instant building as it was on May 16, 2016 without taking measures to prevent sexual traffic business to prevent any particular sexual traffic business from being taken place in the instant building on June 24, 2015, where he/she became aware of the fact that D, the former owner of the instant establishment, arranged sexual traffic and provided the said establishment to a sexual traffic place on May 20, 2015.

6. On March 23, 2017, around 16.16 and around March 23, 2017, the instant building arranged commercial sex acts.

Accordingly, the Defendant provided a building knowing that the instant building was provided for sexual traffic.

2. The gist of the grounds for appeal is as follows: (a) the Defendant was notified by the Seongbuk-gu Police Station on June 24, 2015 that D was controlled by the act of arranging sexual traffic in the instant building; (b) the Defendant did not take any measures to prevent sexual traffic in substance in addition to receiving a formal letter in the lease process; (c) the building continues to be leased even after E’s crackdown on May 16, 2016; and (d) the control of sexual traffic in the instant building, etc., taking into account the fact that the instant building was provided for sexual traffic, it may be recognized that the Defendant leased the building knowing that

3. Judgment on the prosecutor's assertion of mistake of facts

A. On the grounds indicated in its reasoning, the lower court determined that it is difficult to readily conclude that the Defendant had dolusent knowledge that the instant building will continue to be used in sexual traffic even after the Defendant leased the instant building to E, and acquitted the Defendant of the facts charged of this case.

B. The following circumstances are acknowledged based on the evidence duly adopted and examined by the lower court and the first instance court.

유사 판례

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