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(영문) 창원지방법원 2013.11.29 2012노2387
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

Defendant

All appeals filed by A, B, C, D, E, and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The grounds for appeal against the first judgment of the lower court (1) on the grounds that the facts charged against the above Defendants were not specified, and thus, the judgment dismissing the public prosecution ought to be pronounced.

Nevertheless, the court below erred by misapprehending the legal principles and thereby adversely affecting the conclusion of the judgment, which affected the conclusion of the judgment.

(2) Although Defendant A, B, and C did not arrange sexual traffic, the lower court convicted the above Defendants, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

(3) In the first instance judgment on the allegation of unfair sentencing by Defendant A, B, C, D, and E, the sentence imposed on the above Defendants (Defendant A, B, D, and E: each fine of KRW 2 million, and Defendant C: KRW 3 million) is too unreasonable.

(4) In light of the overall circumstances of the prosecutor’s assertion of mistake of facts, there is a possibility that the AO made a false testimony to the effect that it was denied by the court below even though the defendant G mediated sexual traffic.

Although the facts should be confirmed further through the additional examination of evidence, the court below found the defendant not guilty, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. Defendant C’s ground of appeal on the second judgment of the lower court (1) misunderstanding of facts as to Defendant C did not arrange sexual traffic, but the lower court convicted the above Defendant, which erred by misapprehending the facts, and thereby adversely affecting the conclusion of the judgment.

(2) The sentence sentenced to the above defendant (two months of imprisonment and two years of suspended execution) in the judgment of the court of unfair sentencing on the second sentence of unfair sentencing is too unreasonable.

2. Determination on the grounds for appeal against the first instance judgment

A. As to the assertion of misapprehension of the legal principles by Defendant A, B, and C, the crime is committed in the description of the facts charged.

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