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(영문) 서울중앙지방법원 2017.07.20 2017노1246
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The evidence submitted by the prosecutor submitted by Defendant A (misunderstanding of facts, misunderstanding of legal principles, and improper sentencing) alone is that officetels 1314 among the facts charged in the instant case is the place where the instant crime was provided, and that the Defendant was engaged in arranging sexual traffic during the period from September 1, 2016 to November 3, 2016, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine.

The punishment sentenced by the court below is too heavy.

B. Defendant B (unfair sentencing): The sentence imposed by the lower court is too heavy.

(c)

The prosecutor (unfair sentencing against Defendant A): The sentence imposed by the court below on Defendant A is too weak.

2. Determination

A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to Defendant A’s assertion of misunderstanding of the facts and legal principles, since the Defendant leased No. 1314 in the name of Defendant B and kept goods necessary for the commercial sex acts at that location, and the fact that he provided the commercial sex acts can be acknowledged, the court below’s judgment recognizing the facts charged that officetels No. 1314 was provided as a place for commercial sex acts on November 12, 2016 is justifiable.

In addition, according to the evidence above, the defendant and F determined roles and profits while participating in the instant crime and recognized the fact that they engaged in commercial sex acts as a business in early September 2016 at the latest (as to officetels 606, a lease agreement was concluded on February 29, 2016 (as to officetels 606, March 15, 2016) in the name of the defendant's seat, and as to 1310, a lease transfer agreement was concluded between the defendant and the public prosecutor around May 2016). (B) Determination on the wrongful argument of sentencing by the defendant and the public prosecutor on the sentencing of the defendant A and the public prosecutor is required to punish the defendant A as an owner of commercial sex acts in light of the relationship between the defendant and F, division of roles, distribution of profits, etc.

Defendant.

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