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(영문) 창원지방법원 2019.03.28 2019노151
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A transferred marina business places to B around March 2018, which were operated by the second floor in the second floor in the 2nd floor in Gyeong-gun, Sinnam-gun (hereinafter “instant commercial sex acts”), and Defendant A had been engaged in two businesses without leading activities, such as arranging commercial sex acts. Thus, considering these factors, Defendant A’s imprisonment (FFF, 6,780,50 won), the lower court’s punishment (FF, 6, 780,50 won), too, is unreasonable.

B. Defendant C provided the instant commercial sex acts to Defendant C, a lessee, without knowledge of the fact that the instant commercial sex acts are provided for commercial sex acts. Even if Defendant C knew of the fact that the instant commercial sex acts were conducted on or around March 2018, Defendant C provided the instant commercial sex acts to Defendant C, but around that time, Defendant C provided the instant commercial sex acts to Defendant C, a lessee, by voluntarily notifying Defendant C of the termination of the lease agreement on the instant commercial sex acts. Accordingly, Defendant C’s act of providing the instant commercial sex acts should be suspended immediately after having become aware of the fact that the instant commercial sex acts were provided for commercial sex acts.

Nevertheless, the court below convicted the charged facts of this case. The court below erred by misapprehending the legal principles and thereby affecting the conclusion of the judgment.

2. The following circumstances acknowledged by the lower court’s judgment regarding Defendant A’s grounds for appeal, namely, ① G employed by Defendant B and engaged in sexual traffic at the instant sexual traffic business establishment, were the same male president and female president when the investigation agency began on July 17, 2018.

The police stated that “the female president, who had made a statement by a photograph of Defendant A, is the person in charge,” and “the female president, who had made a statement by a photograph of the person in charge, shall be the person in charge,” and the female president shall be the person in charge, who shall continue

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