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(영문) 부산지방법원 2016.07.01 2015노4304
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 23,000,000 won.

The above fine shall not be paid by the defendant.

Reasons

misunderstanding of the facts and misapprehension of the legal principles on the grounds of appeal: The actual business owner of the part of the brokerage of the sexual traffic on May 29, 2015 and June 25, 2015 among the facts charged in the instant case is not himself/herself but T.

Although the Defendant made a confession by pretending the actual owner upon T’s request, the lower court found the Defendant guilty of all the facts charged on the sole basis of the confession of the Defendant, without any other evidence supporting evidence, or erred by misapprehending the legal doctrine.

Sentencing : The sentence of the lower court (eight months of imprisonment) against the Defendant is too unreasonable.

Judgment

In fact, the charge of violating the Act on the Punishment, etc. of Arrangement, etc. of Commercial Sex Acts (hereinafter “crime of arranging commercial sex acts”) (hereinafter “crime of arranging commercial sex acts”) is divided into three major charges: ① the part concerning arranging commercial sex acts on April 20, 2015; ② the part concerning arranging commercial sex acts on May 29, 2015; ③ the part concerning arranging commercial sex acts on June 25, 2015.

Each of the above parts shall include engaging in the brokerage of commercial sex acts as a business and shall be deemed to constitute a single comprehensive crime (a business crime). In light of the form and date of each act specified in the facts charged, since it is a single comprehensive crime with independence in each part, there must be evidence for the substantial reinforcement of each part.

However, the Defendant, from the investigative agency to the court of the court below, led to the confession of the facts charged in the instant case from the investigative agency to the court of the court below, and denied the part as to the mediation of sexual traffic on May 29, 2015 and June 25, 2015. Therefore, the Defendant’s assertion as to the confession of the Defendant as to the above part is examined.

Comprehensively taking account of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the first instance court on May 29, 2015, the evidence alone submitted by the prosecutor was proven without reasonable doubt as to the facts charged of this case.

It is difficult to see it.

T shall be at the investigative agency on May 29, 2015.

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