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(영문) 대전지방법원 2018.10.05 2017노3471
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who was aware of the fact at the time of the instant case, did not arrange sexual traffic to F, but did not work at the site.

B. It was not known that it was a violation of the Medical Service Act to operate a misunderstanding of the legal principles.

2. The Defendant also asserted the same purport in the lower court, but the lower court found the Defendant guilty of the facts charged in the instant case by comprehensively taking account of the evidence duly admitted and examined, and rejected each of the aforementioned arguments by the Defendant and his defense counsel on the grounds of detailed reasons.

According to the circumstances cited by the lower court, the following circumstances acknowledged by the evidence duly adopted and examined by the lower court (i.e., (59 pages and 60 pages of evidence), (ii) the police officer, expected criminal punishment of the Defendant, would have no motive to operate the scene of the crime and make a false statement; and (iii) the Defendant, while drinking G at the time of the instant case, was off her clothes on f alone, by a sound slicked from the room in which F was faced with maths.

However, in light of the above argument by the defendant, it is reasonable to find the fact that the defendant arranged sexual traffic, and the violation of the Medical Service Act by the defendant does not constitute a mistake in the law under Article 16 of the Criminal Act as a mere non-legal matter. In so doing, the judgment of the court below is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

subsection (b) of this section.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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