logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2013.06.13 2013노205
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

All appeals filed against Defendants B, C, and E by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was unaware of the fact that Co-Defendant A and B, etc., a co-defendant, are running sexual traffic business on the third floor of the building located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “the third floor of the building of this case”) leased by the Defendant.

Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

B. (1) An unreasonable sentencing sentence (1) imposed by the lower court on the Defendants is too unreasonable that each sentence (Defendant A: imprisonment of 8 months and a fine of 5 million won; a suspended sentence of 2 years; probation and community service order of 80 hours; a fine of 3 million won; Defendant C: a fine of 3 million won; Defendant D: imprisonment of 4 months and a fine of 3 million won; a suspended sentence of 2 years; probation, Defendant E: a fine of 5 million won; Defendant F: imprisonment of 6 months and a fine of 4 million won; a suspended sentence of 2 years; probation and community service order of 80 hours) imposed on the Defendants is too unreasonable.

(2) Each sentence sentenced by the court below to Defendant B, C, and E is too unffortable and unfair.

2. Determination

A. (1) Article 2(1)2(c) of the Act on the Punishment of Acts of Arranging Sexual Traffic provides that “the act of providing a building with knowledge of the fact that it is provided for sexual traffic” constitutes “the act of arranging sexual traffic, etc.”. In light of the legislative intent of the Act to eradicate sexual traffic, such as coercion and arrangement, etc., which is connected to our society by blocking the supplier of sexual traffic and intermediary, and the purport of the said Act and the fact that the said provision does not limit the contents of the act of providing a building to the act of delivering a building, the “act of providing a building with knowledge of the fact that it is provided for sexual traffic” refers to the act of providing a building for sexual traffic at the time of lease by the lessee.

arrow