(영문) 수원지방법원 2017.11.17 2017노5267 | 리걸엔진

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(영문) 수원지방법원 2017.11.17 2017노5267

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 500,000.

The defendant above.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the Defendant was aware that the fourth floor of the building as indicated in the judgment below (hereinafter “instant building”) was provided for sexual traffic.

However, the lower court acquitted the Defendant of the charges on the grounds that it is difficult to recognize the intent to allow sexual traffic brokerage.

2. Article 2(1)2(c) of the Punishment of Commercial Sex Acts, Etc. (hereinafter “Punishment of Commercial Sex Acts”) provides that “the act of providing a building despite being aware of the fact that sexual traffic is provided for,” constitutes “the act of arranging sexual traffic, etc.”

In this context, “act of providing a building, knowing the fact that the building was provided for sexual traffic,” even though the lessee was unaware of the fact that the building was provided for sexual traffic at the time of the lease, but became aware of the result of the investigation agency’s control, etc. after the termination of the lease contract, it shall be deemed that the lease continues to be terminated and the situation of the building provided for sexual traffic has not been confirmed to have been terminated without stopping the act of providing it by expressing the intention to demand the return of possession (Supreme Court Decision 2010Do6297 Decided August 25, 201). In full view of the following circumstances recognized by the evidence duly adopted and investigated by the court below, the defendant can be sufficiently recognized that the building in this case was provided for sexual traffic and that the Defendant provided it with the intention to allow sexual traffic brokerage, and therefore, the court below acquitted the facts charged in this case on the grounds as stated in its reasoning, which affected

Therefore, prosecutor's assertion is justified.

① The Defendant provided the instant building to the police as a sexual traffic place, and immediately lease the building with the lessee.

참조판례

-대법원 2011. 8. 25. 선고 2010도6297 판결

유사 판례

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