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(영문) 서울남부지방법원 2020.12.15 2019노2744
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 5 million and by a fine of KRW 3 million.

Reasons

Summary of Grounds for Appeal

A. misunderstanding of facts (not guilty part - Defendant B) is recognized that the Defendant was involved in the overall operation of commercial sex acts establishments after entering the name and telephone number of the Defendant in the occupant card of the commercial sex acts establishments, which was directly involved in the conclusion of the lease contract by introducing the bond to A in order to prepare the location of the instant commercial sex acts establishments.

The defendant's statement denying this is not reliable because it is contrary to F's investigation agency, which is a sexual traffic woman.

B. Part of sentencing (the part of sentencing - the part of sentencing - the case against Defendant A): Fines of 5 million won

2. In the trial of the court, the prosecutor ex officio determination: (a) maintains the existing facts charged that the Defendants conspired to engage in the conduct of arranging sexual traffic in collusion, etc.; (b) Defendant A independently engages in the conduct of arranging sexual traffic, etc.; (c) Defendant B applied for an amendment to a bill of indictment added to the facts charged that aiding and abetting Defendant A’s commission of the crime at the second trial of the court; and (d) the subject of the judgment of the court was added to the subject of the judgment of this court by granting permission to do so on the second trial of the court; (b) as shown below, the court below acquitted the Defendants of the primary facts charged as stated in the judgment of the court below (as regards the Defendants A, the part on which the court found the Defendants guilty without going through the amendment to a bill of indictment)

However, despite such reasons for ex officio destruction, the prosecutor's assertion of mistake of facts against the primary facts is still subject to the judgment of this court. However, the prosecutor's argument of mistake of facts against the defendant B is not only included in the primary facts charged against the defendant A.

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