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(영문) 서울중앙지방법원 2017.04.26 2017노654
직업안정법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles (in regard to brokerage of commercial sex acts), the above Defendant did not receive any consideration from Defendant C to arrange female employees, but received expenses equivalent to aviation tickets, and did not receive any distribution of profits from commercial sex acts, and did not have any instruction, supervision, etc. related to commercial sex acts.

Defendant

A only delivers the price to female employees.

Therefore, the above defendant arranged sexual traffic.

shall not be deemed to exist.

In addition, the above defendant took part in the brokerage business of sexual traffic in defendant C and B (joint defendant's separation).

Even if Defendant A was engaged in simple sexual traffic arrangement as long as he/she is not an employer or partner of a sexual traffic business establishment.

A seal can only be determined.

The judgment of the court below which found the defendant guilty of sexual traffic brokerage is erroneous in the misapprehension of legal principles.

2) The punishment of the lower court is too heavy.

B. Defendant C (unfair sentencing)’s sentence is too heavy.

2. Determination

A. In full view of the evidence duly adopted and investigated by the court below on the part of Defendant A’s assertion of misunderstanding of the facts and legal principles (the point of mediation of commercial sex acts) (the defendant A led to the confession of all of the crimes of this case at the court below, appointed a private defense counsel at the time of confession at the court below, and thus, the credibility of his confession is recognized, and the consent to the accomplices is also valid). In full view of the evidence, the defendant A introduced female employees from the Kazakkh to the "J" operated by the defendant C, while introducing them to the "J" operated by the defendant C, and presented the money (the "GaB secret "non" of this case) received from the female employees G and F (the "AB") for this commercial sex act, 50,000 won per month on condition that the defendant A would receive the above 15 or 20,000 won per month.

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