(영문) 수원지방법원 2015.01.29 2014노4002 | 리걸엔진

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(영문) 수원지방법원 2015.01.29 2014노4002

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of 5,000,000 won.

Defendant .

Reasons

[Judgment on the Grounds for Appeal] Summary of the Grounds for Appeal

(2) The sentencing of the lower court (the imprisonment for eight months, the suspension of execution for two years, the community service order 80 hours, and the order to attend a course for the prevention of sexual traffic) is too unreasonable.

(F) Defendant B had no business advertisement on the Internet website “F.”

The Defendant, from around December 10, 2013 to December 15, 2013, worked at the instant sexual traffic business establishment from December 15 of the same year.

The Defendant is not in a position to manage the overall business of the instant sexual traffic business establishment, and there was no functional control over such business establishment. Therefore, the Defendant ought to be deemed as a principal offender

(2) The sentencing of the lower court (two months of imprisonment, two years of suspension of execution, 80 hours of community service order, 40 hours of lecture order for the prevention of sexual traffic, confiscation) is too unreasonable.

(F) According to the Internet advertisement content (Evidence No. 107-113 of the evidence record) as to the Defendants’ assertion of misunderstanding of facts as to the Internet site F, it appears that the Internet site “F” was not posted with respect to the instant commercial sex acts during the period of the instant crime, and there is no evidence to acknowledge that the Defendants posted business advertisements to “F” on the Internet site.

(1) The Defendants, on the first day of the lower court’s trial, led to the confession of the facts charged, but the confession alone is insufficient to acknowledge the facts charged. However, whether the Defendants advertised a business advertisement is merely a fact not constituting the elements of applicable provisions of this case, but merely a circumstance at the time of the crime, and it cannot be deemed that the mistake of facts was affected by the lower court’s judgment. Thus, the Defendants

As seen later, this part of the facts constituting the crime of the lower judgment is deleted.

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