logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.04.22 2015노1548
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

All appeals filed by the Defendants and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of the facts and misapprehension of the legal doctrine, the lower court erred by misapprehending the factual basis that served as the basis for calculating the additionally collected amount, and by misapprehending the legal doctrine on the punishment of the act of arranging sexual traffic, thereby additionally collecting excessive amounts.

2) The sentence imposed by the lower court (one year of imprisonment and three years of suspended sentence) on the illegal Defendants in sentencing is too unreasonable.

B. Prosecutor 1) The lower court determined the amount to be additionally collected on the premise that all the money deposited in Defendant B’s passbook cannot be deemed as the price for sexual traffic, thereby adversely affecting the conclusion of the judgment by misunderstanding the fact that constitutes the basis for calculating the amount to be additionally collected.

2) The sentence sentenced by the lower court against the illegal Defendants in sentencing is too unfasible and unfair.

2. Determination

A. 1) The lower court determined that, in the case of the Defendants, at least 420 million won (average customer 200,000 won (average customer per month by Defendant A’s prosecutor’s statement) ¡¿ (170,000 won per capita average sexual traffic - 230,000 won - 80,000 won per capita’s average sexual traffic - 230,000 won x 27 months) x 27 months] was earned.

Since it is reasonable to see that it should be collected in addition to 200 million won by dividing it by the number of the Defendants, it is difficult to recognize the prosecutor’s assertion on the amount of additional collection in full view of the following circumstances.

We did not accept it.

① Money deposited in the agricultural cooperative account in the name of H (G massage practice place) is deemed to include a considerable portion of money paid by customers after receiving normal massages from H in that they made settlement by means of a general card.

② Among the money deposited in the Agricultural Cooperative Account under the name of B (L), customers including KRW 4 million, KRW 7.7 million, KRW 16 million, KRW 16 million, and KRW 50 million are not considered to have been paid in return for sexual traffic. The same applies to the money deposited in the Agricultural Cooperative Account under the name of B and Q, one of the husband.

(3) The N shall be conducted by the prosecution.

arrow