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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the Defendant was aware that the instant building was used in the sexual traffic business, and thus, acquitted the Defendant, the lower court erred by misapprehending the fact that the Defendant was acquitted, thereby adversely affecting the conclusion of the judgment.
2. Determination:
(a) No person who is the summary of the facts charged shall engage in the act, such as arranging sexual traffic, knowing that a building is provided for sexual traffic;
Nevertheless, on November 28, 2018, the Defendant leased “D” buildings owned by himself/herself (hereinafter “instant building”) to A, knowing that commercial sex acts were conducted, at the “D,” which is a commercial sex acts establishment located in YY-gu Seoul Special Metropolitan City, Busan Special Metropolitan City.
As a result, the defendant knowingly provided sexual traffic, provided a building with the knowledge of the fact that he provided sexual traffic.
B. The judgment of the court below is based on the evidence duly adopted and examined by the court below, i.e., that the court below testified that "A concluded a lease contract with the defendant and his wife F, and there was no credibility as to the operation of commercial sex acts in the building of this case at the time of the investigation conducted by the prosecutor, etc." The testimony is consistent with A's statement at the time of the investigation conducted by the prosecutor, and ② The defendant's wife F testified that "I would like to prohibit commercial sex acts to avoid commercial sex acts," and that "I would like to operate commercial sex acts from A while entering into a lease contract," and the defendant's wife F would like to "I would like to do so" in the court below's testimony that "I would like to submit evidence in light of the overall conditions, such as the color of the complex," and it stated "I would like to engage in commercial sex acts in the building of this case" in the item column of the lease contract.