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(영문) 광주지방법원 2019.10.02 2018노3287
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The core statements of E, a sexual buyer, are consistent, the amount of KRW 1 million has been settled three times within one hour, the credibility of E’s statement in light of the relationship between E and D, and even if according to the statement, the Defendant was found to have arranged sexual traffic, the lower court determined otherwise and erred by misapprehending the facts.

2. The lower court acquitted the witness E of the facts charged of this case on the ground that it is difficult to recognize the credibility of each of the statements at the investigation agency and the lower court, based on its stated reasoning.

Comprehensively taking account of the circumstances in the lower court’s reasoning admitted based on the evidence, the lower court’s aforementioned determination is just and acceptable, and there is no error of misunderstanding of facts as alleged by the prosecutor, even if it appears that the testimony of the witness E in the trial court and witness E in the Cju store located in Gwangju Seo-gu, Gwangju, received a summary order of a fine of KRW 2 million on April 4, 2018, and became final and conclusive as they were, due to the facts constituting sexual traffic at the Cju store located in Gwangju-gu, Seo-gu.

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

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