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(영문) 서울고등법원 2018.06.14 2018노140
성매매알선등행위의처벌에관한법률위반(성매매강요등)등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for a year and fine of KRW 10 million, Defendant B shall be punished by imprisonment for a year and fine of KRW 10 million.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor’s assertion of mistake of the facts 1) The Defendant C and D continued to monitor the fact that the Defendant had a locking device at the entrance of the accommodation of the Lao-Korean women, and the Lao-Korean women could not freely see their accommodation.

It is clear that the Defendants’ teaching of sex-related method to the Laos' nationality women would be forced to engage in sexual traffic.

Therefore, the charges of violation of the Act on the Punishment of Acts such as the Mediation of Commercial Sex Acts against the Defendants are sufficiently proven.

However, the lower court erred by misapprehending the fact that the lower court rendered a not guilty verdict on this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

2) Defendant C, along with six Laos-registered women, provided that Defendant C provided the “mal relationship method” to the relevant women in H, by preventing them from escaping.

Defendant

D demonstration of sexual intercourse to Lao women and monitoring them together with Defendant C.

Moreover, Defendant C had a history of criminal punishment for engaging in the brokerage of sexual traffic in H in 2016.

Therefore, the facts charged regarding the mediation of sexual traffic against Defendant C and D are sufficiently proven.

However, the lower court erred by misapprehending the fact that the lower court rendered a not guilty verdict on this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

B. The defendant A, B, and prosecutor's each of the charges of sentencing are alleged to be unfair, and the defendant A and B alleged to be unfair, and the prosecutor argued that the amount of each of the charges of punishment of the defendant A and the prosecutor's each of the charges of the court below (one year of imprisonment and fine of ten million won, one year of imprisonment and fine of one million won, and two years of suspension of execution of imprisonment and two years of suspension of execution of sentence) is unfair. The prosecutor asserts that the amount of the punishment of the defendant A and the prosecutor is too unreasonable.

2. Before determining the grounds for ex officio appeal, this paper examined ex officio.

A prosecutor.

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