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(영문) 부산지방법원 2016.10.27 2016고정901
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a business proprietor operating 'Enoman bank' in Busan-gu D.

No one shall commit any act of arranging sexual traffic, etc. in violation of the Punishment of Arrangement of Commercial Sex Acts.

Nevertheless, at around 03:30 on October 12, 2015, the Defendant provided F, G, and H with drinking and drinking alcohol to customers, and provided a place to conduct commercial sex acts by allowing them to enter Domi I, J, and K to conduct commercial sex acts after setting their partners.

(b) Any food service business operator who violates the Food Sanitation Act shall prevent acts of disturbing public morals in his/her business establishment in order to manage sanitation and maintain order and promote public health and sanitation;

Nevertheless, the defendant was above 03:30 on October 12, 2015.

At the same time as described in the port, it did not prevent the act of disturbing a rumor in the business place.

2. The Defendant consistently asserts to the effect that there is no fact in the investigative agency to arrange sexual traffic until this Court reaches the law, and that there is no implicit fact that F et al. do sexual traffic with I et al.

As to this case, there are statements in F, G, H, I, J, and K investigative agencies and in this court as evidence that seem to correspond to the facts charged.

First of all, F, G, and H’s statement was arranged by the Defendant to the effect that “this case’s singing will visit the instant singing room to drink and drink alcoholic beverages, and that “I, J, and K first proposed that women-dozers would have engaged in sexual traffic,” and that “The Defendant arranged sexual traffic.”

It is difficult to view that it is a direct evidence of the facts charged in the instant case that he or she knew about it.

In addition, I, J, and K’s statement is also the purport that “the police was under control while entering Enononoba, in receipt of a request from Enobagle,” and this also means that “the police was under control during the course of sexual intercourse with F, G, H and sexual intercourse.”

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