The meaning of the crime of female trade prescribed in Article 299(2) of the Criminal Act

Article 288 (2) of the Criminal Code refers to the transfer of a female under the actual control of one of the parties to a transaction under the control of the other party. Therefore, it is reasonable to view that it is impossible in the current legal order to trade such a female by a third party other than a person with parental authority or a protective supervisor, except for the sale for the purpose of the transfer to a third party with the awareness of personality and to the extent that the subject is a female with the ability to appeal the protection of the law and order.

Article 288 of the Criminal Act

Seoul High Court Decision 4292 Form 7 delivered on March 12, 1959

Defendant

Daejeon District Court (74 High Court Decision 74Gohap9)

We reverse the original judgment.

A defendant shall be punished by imprisonment for one year.

50 days out of detention days before the original sentence is rendered shall be included in the above sentence.

Of the facts charged, the charge of selling female shall be acquitted

The gist of the defendant's first point in the grounds of appeal is that the defendant did not sell the non-indicted 1 for the purpose of using it for drilling, and rather, the defendant was absent the non-indicted 1's tag, and the non-indicted 1 got her to play together, and the non-indicted 1 borrowed 20,000 won at any drinking house, and until the defendant borrowed 20,000 won and bring money to his house and bring money to his house, and the non-indicted 2 threatened the non-indicted 2. However, although the non-indicted 2 was given 10,00 won at his discretion, the court below recognized that the defendant purchased and sold his female and got money to do so, which affected the conclusion of the judgment of the court below, and the second point and the summary of the grounds of appeal by the defense counsel are too unreasonable because the judgment of the court below is too unreasonable.

First, in light of the evidence adopted through legitimate investigation of evidence, it is difficult for the court below to acknowledge that the defendant's act of purchasing and selling money to the non-indicted 1's office by obtaining the consent of the non-indicted 2's office, but it is not enough to find the defendant guilty of selling and purchasing such money from the non-indicted 3's office. According to the court below's reasoning that the defendant's act of purchasing and selling such money to the non-indicted 1's office was not proper, and the defendant's act of purchasing and selling such money to the non-indicted 2's office with the non-indicted 1's own knowledge that it was hard to find that the non-indicted 1's act of purchasing and selling such money again was done with the non-indicted 2's consent, and it is reasonable to view that the defendant's act of selling and selling such money to the non-indicted 1's office and the non-indicted 1's act of selling and selling such money to the non-indicted 2's office.

Criminal facts

1. On January 7, 1974, the Defendant demanded that leles Non-Indicted 2 (year 21) who had previously been aware of 13 p.m. 13 p.m. in the large-scale exhibition, which was around 13:00, to use 20,000 won as a guidance money, the Defendant failed to comply with the demand of les Non-Indicted 2 (year 21) to use lesc. 10,000 won in cash and lesc. 10,000 won and lesc. 10,000 won in cash. In response, the Defendant did not comply with the demand of lesc. 10,000 won and lesc. 20,000 won in cash, she received lesc. 1,000 won in cash from lesc.

2. On January 27, 27, 09:00 at the same time, Non-Indicted 2, 3 (years 21) residing in the same 7-dong 7-dong 1, at the same time on the ground that Non-Indicted 2, at the same 15-dong 95-dong 1, had collected coffee residues on Non-Indicted 3 (years 21-dong 7) and collected them to fit the same ties, and damaged the same ties of the same ties and coffee 12,250 won in the market price by incidental to the table of the same ties and coffee, etc., and caused injury to the same ties, etc. on the 12,250 won in the whole east for a week.

Summary of Evidence

The facts of the judgment

1. The part of the statement consistent with the facts in the original judgment and the trial court of the defendant;

1. Statement consistent with the facts indicated in each protocol of suspect examination prepared by a prosecutor and judicial police officer for the accused;

1. Statement that corresponds to the facts stated in the judgment among the statements made by the prosecutor against Nonindicted 2

1. Statement consistent with the judgment in each written statement made with respect to Nonindicted 3, 2, 4, and 5 regarding the preparation of handling affairs by judicial police officers; and

1. The description that corresponds to the part and degree of injury as indicated in the judgment among the medical certificates with respect to Nonindicted 3 in the preparation of a written maintenance of intention

1. Recognizing the seizure of six (No. 1), six (No. 2, and one excessive (No. 2) may be admitted on a comprehensive basis; and

Application of Acts

Article 3(1) of the Punishment of Violences, etc. Act and Article 350(1) of the Criminal Act provide that the defendant's participation in the court below's decision shall be subject to the punishment of violence, etc. and Article 350(1) of the Criminal Act; Article 257(1) of the Criminal Act provides that any injury or damage to property shall be subject to Article 366 of the Criminal Act; Article 366 of the Criminal Act provides that the above several crimes shall be concurrent crimes after choosing each imprisonment with prison labor for the crime of injury and damage to property; Article 37 of the Criminal Act provides that the above crimes are concurrent crimes under Article 38(1)2 and Article 50 of the Criminal Act; Article 38(1)2 and Article 50 of the same Act provides that the defendant shall be punished by imprisonment with prison labor for one year within the scope of the discretionary mitigation of imprisonment by applying Article 53 and Article 55(1)3 of the same Act; and Article 57 of the same Act shall apply to the above sentence of detention.

Of the facts charged, the defendant was found not guilty on August 25, 1973 by being sentenced to KRW 20,000 for the purpose of selling and selling non-indicted 1's suspect examination report prepared by the prosecutor and the senior judicial police officer in accordance with the latter part of the Criminal Procedure Act, on August 26, 200 of the same year, since he was found not guilty of the defendant's charges for the purpose of selling and selling the non-indicted 1's name to the non-indicted 1's name and non-indicted 3's name and non-indicted 1's name and non-indicted 5's name and non-indicted 1's name and non-indicted 1's name and non-indicted 1's name and non-indicted 2's name and non-indicted 1's name and transferred the non-indicted 1's name to the non-indicted 3's name and non-indicted 1's name.

It is so decided as per Disposition by the assent of all participating Justices.

Judges Shin Jae-chul (Presiding Judge)