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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
(b) the defendant;
Reasons
1. Summary of grounds for appeal;
A. The Defendant (unfair sentencing)’s sentence (a year of imprisonment with prison labor and a period of 40 hours of sexual assault treatment program) is too unreasonable.
B. According to the evidence by the prosecutor (misunderstanding of the facts as to the acquittal portion of the lower court), the lower court found the Defendant guilty of this part of the facts charged on the ground that it cannot be ruled out that the Defendant’s act of arranging sexual traffic, etc. was conducted for business purposes while operating a key room, but the Defendant could not have independently committed sexual intercourse without the Defendant’s instruction or implied consent.
2. Judgment on the grounds for appeal by the prosecutor
A. On July 2015, the summary of this part of the facts charged: (a) the Defendant employed female employees, who are not aware of the name of "W" in Q Q, operated by the Defendant in the Busan-gu P, Busan-do P, and found the place, and (b) received 60,000 won or KRW 70,000 per man under the name of the male customers, and had female employees sexual intercourse with male customers by having them sexual intercourse with male customers, or by having them seeing the sexual organ of male customers by hand.
Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.
B. “Good offices for sexual traffic” under Article 19(2)1 of the Act on the Punishment of Arrangement, etc. of Acts of Arranging sexual traffic means that the parties intending to engage in sexual traffic make good offices or convenience. Thus, in order to become good offices for sexual traffic, the parties intending to engage in sexual traffic by such good offices must not have to reach the level of actually engaging in or face-to-face with each other. It is sufficient that the parties intending to engage in sexual traffic by linking the intentions of the parties intending to engage in sexual traffic, even if there is no further involvement of the parties intending to engage in sexual traffic, and there is only arrangement to the extent that the parties
On the other hand, not only commercial sex acts but also commercial sex acts are mainly aimed at commercial sex acts.