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(영문) 전주지방법원 2016.10.27 2016노787
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of the legal principles have tried to perform the affairs of the instant sexual traffic establishment upon the request of the Ministry of Trade, Industry and Energy, and there was no act of arranging sexual traffic at the instant sexual traffic establishment in collusion with A.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the lower court found the Defendant guilty of the facts charged in this case on the ground that, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated, namely, ① female employees employed at a commercial sex business establishment have been designated as the Defendant as the employer, ② there are many male workers who have engaged in commercial sex acts, ③ the Defendant only was engaged in commercial sex acts in collusion with A, and ③ the Defendant was engaged in commercial sex acts, etc., the Defendant could be found guilty of the facts charged. (2) In addition to the above circumstances presented by the lower court’s judgment, the lower court found the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e., (a) the Defendant posted a commercial sex at his own request using a cell phone used at a commercial sex business establishment from time to time, and received a reservation call from the male sex business establishment, and gave guidance to the male sex trafficking business establishment as the commercial sex business establishment (Evidence evidence record 2:392-393).

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