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(영문) 수원지방법원 2018.02.09 2017노7781
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

At the trial of the party, the prosecutor entered the bill of indictment 6 to 7.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

Around December 15, 2017, around 16:10 on December 15, 2017, “(16:10)” provided guidance to the room of the above establishment so that sexual traffic can be conducted after receiving cash of 120,000 won from I by the crackdown police officer who pretended to be customers, and ordered in advance the employees employed in the name unexplosion to engage in sexual intercourse with I.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

“Application for Amendments to Bill of Indictment” was filed, and this Court permitted this, thereby changing the subject of the adjudication.

Therefore, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed ex officio on the ground that there is a ground for reversal of the above authority, and the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the following judgment is delivered through pleadings.

[Re-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court and the summary of the evidence are as follows: 5 to 6 of the judgment below's sentence 2.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

Before December 15, 2017, around 16:10 on December 15, 2017, “Around 16:200,” provided guidance to the room of the above establishment so that the controlling police officer who pretended to be customers may receive 120,000 won in cash and engage in sexual traffic, and provided prior guidance to the female employees of the birth state who are not employed with I and sexual intercourse.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

“In addition to the appeal,” it is identical to the corresponding column of the lower judgment, and thus, in accordance with Article 369 of the Criminal Procedure Act.

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