logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.06.14 2018노3880
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. According to the evidence submitted by the prosecutor including a record of the gist of the grounds for appeal, although the defendant could sufficiently recognize the fact that the defendant has engaged in arranging sexual traffic for business purposes as stated in the facts charged, the judgment of the court below acquitted the defendant, which affected the conclusion of judgment

2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.

In the first instance trial, the prosecutor shall make the facts charged that the court below rendered a verdict of innocence as the primary facts charged, and the second instance (the reasons why the judgment was written in multiple ways) 1-B.

As stated in the paragraph, the facts charged are added, and the applicable provisions of the Act on the Punishment of Acts of Arranging Sexual Traffic are added to Article 19(1)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, and this court permitted this and changed the subject of the adjudication, so the judgment of the court below was no longer maintained.

However, the prosecutor's assertion of mistake is still subject to the judgment of this court, and this is examined.

3. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of the facts charged in this case is a person who operates a marina business in the name of Gyeyang-gu Incheon building B and the second floor “C”.

On May 3, 2018, the Defendant received KRW 100,000 in cash from a crackdown police officer who was found to be a customer at the above C Maz business establishment, and had his/her female employees D, who work at a marinaz business establishment, engage in the act of similarity in a manner that stimulates customers by handing their sexual organ by hand, entering, etc., as well as had female employees working at the above business establishment do the act of similarity from March 23, 2018 to May 3, 2018 in the same manner, thereby engaging in the act of arranging sexual traffic, etc.

B. The lower court’s judgment ① The Defendant’s business establishments run by the Defendant from the investigative agency to the court of the lower court.

arrow