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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. According to the evidence submitted by the misunderstanding of the facts or the legal principles, the defendant employed an employee to arrange sexual traffic, etc., and the defendant himself/herself committed sexual traffic.
Even though it constitutes an act such as arranging sexual traffic.
Nevertheless, the lower court rendered a not guilty verdict on the violation of the Act on the Punishment of Acts, etc. concerning the Punishment of Commercial Sex Acts (in particular, brokerage, solicitation, inducement and coercion of commercial sex acts among them and provision of places for commercial sex acts), among the facts charged in the instant case, by misapprehending the legal principles regarding the interpretation of the act such as brokerage of commercial sex acts (in particular, brokerage of commercial sex acts) and brokerage of commercial sex acts as prescribed by the Punishment of Commercial Sex Acts, etc. (hereinafter “Punishment”), and the Act on the Regulation and Punishment of Criminal Proceeds Concealment.
B. The sentence of the lower court’s unfair sentencing (an amount of four million won) is too unhued and unfair.
2. Determination
A. The prosecutor's evidence of criminal facts is presented in a criminal procedure in a judgment of a misunderstanding of facts or misapprehension of legal principles, and the defendant's defense is unreasonable and false.
Even if there is no evidence to establish such a degree of conviction, it is inevitable to determine the defendant's interest even if there is suspicion of guilt against the defendant (see, e.g., Supreme Court Decision 2007Do163, Nov. 30, 2007). Examining the reasoning of the judgment below's acquittal in light of related evidence and records, the court below, on the grounds as stated in its reasoning, has a female employee who has engaged in sexual traffic except the defendant.
The legislative intent of the Punishment of Commercial Sex Acts and the principle of criminal justice are insufficient to determine the person.