logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2014.10.07 2014노366
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order for an investigative agency to arrest Chinese nationality E not for the purpose of regulating the act of arranging sexual traffic, but for the purpose of arresting Chinese nationality E, the investigator solicits E by deceiving the investigator as a customer of sexual traffic, and then, the public prosecution of this case was instituted by using the monetary content with the defendant stored in his mobile phone as evidence for the act of arranging sexual traffic. As such, the public prosecution of this case is null and void as it is an illegal naval investigation, and the evidence collected therefrom should be

B. The Defendant did not arrange sexual traffic to E at the time indicated in the crime sight list in the judgment of the court below.

2. Determination

A. As to the assertion of misapprehension of legal principles, a vessel investigation refers to an investigation method by which an investigation agency, by means of deception or attack, etc., causes a person who does not have the original criminal intent to commit a crime, thereby arresting the criminal. Thus, if it is merely an arrest of the criminal by simply providing the person who has the criminal intent with an opportunity to commit a crime or by means of trick or attack, it shall not be deemed a vessel investigation.

(See Supreme Court Decision 2007Do4532 Decided July 26, 2007). The Defendant asserted to the same effect as the grounds for appeal in this part of the judgment below, and the court below rejected the Defendant’s assertion in detail under Paragraph (1) of “the judgment on the Defendant and the defense counsel’s assertion.” In comparison with the evidential materials, a thorough examination of the judgment of the court below is difficult to deem that an illegal naval investigation was conducted during the process of arresting E, and there is no other evidence to deem that there was procedural error in collecting the monetary content between the Defendant and the defense counsel as evidence.

This part of the defendant's assertion is without merit.

B. The Defendant alleged to the same effect as the grounds for appeal in this part of the judgment below on the assertion of mistake of facts (the meaning of mediation). The court below also asserted.

arrow