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(영문) 대법원 2018.12.13 2018도16201
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court, on the grounds indicated in its reasoning, did not specify the facts charged as to the part of the judgment in the instant charges from February 2, 2017 to August 2, 2017, as well as from September 19, 2017 to October 2017, among the facts charged.

On the other hand, the first instance judgment that dismissed the prosecution was affirmed.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court’s aforementioned determination is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the number of crimes committed in violation of the Act on the Punishment of Acts, Including

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no evidence of objection to the remainder of the grounds of appeal.

2. On the grounds for appeal by the Defendant, the lower court found the Defendant guilty of the part of the instant facts charged from August 3, 2017 to September 13, 2017, and from September 11, 2017, on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court’s aforementioned determination is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the scope

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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