(영문) 수원지방법원 2018.09.20 2018노2300 | 리걸엔진

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(영문) 수원지방법원 2018.09.20 2018노2300

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant misunderstanding the facts from the police officer who pretended to be a customer “I will be a member of the police officer.”

“Along with questions, I talked that “I will be married to a third party and go to a third party,” and provided a police officer with a inside room, and ordered employees D to engage in Ma (100,000 won) within 2 hours, and did not arrange sexual traffic.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 8 million) is too unreasonable.

2. Determination

A. In full view of the following circumstances that can be recognized by the court below based on the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts, the defendant can sufficiently recognize the fact that the defendant arranged sexual traffic to the police officer who pretended to be a customer and received 100,000 won in cash.

Therefore, the judgment of the court below is just and it is not erroneous as alleged by the defendant.

1) The Defendant, a police officer who pretended to be a customer, did not ask or explain the price (100,000 won) at the time or method of drinking, etc., which the police officer wants to enter a place of business, and asked him to “for example,” the police officer asked him as “I go to go to go to,” the police officer refused to see the price, and the police officer again asked him as “Is to go to, 10,000 won,” and the Defendant asked him as “Is to go to, and informed him of, the police officer,” and there was no fact at the time of the Defendant’s statement as alleged in the grounds for appeal.

2) The Defendant was punished for a violation of the Act on the Punishment of Acts, such as Arranging sexual traffic (sexual traffic) on the ground that he/she provided a user in 2011 with money and provided a similar behavior to a male guest.

In light of the criminal history and social experience of the defendant, the amount presented by the defendant to police officers at the time, and the contents of conversation with police officers, etc.

유사 판례

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