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(영문) 의정부지방법원 2019.06.27 2018노2104
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below (including the part not guilty in the grounds) shall be reversed.

The defendant is not guilty. The summary of this judgment shall be announced publicly.

Reasons

1. The lower court within the scope of this Court’s trial: (a) the Defendant is a person who operates a mutual entertainment drinking club with the trade name “C” on the first floor B in Guri-si; and (b) the Defendant was the enforcement date on April 2017.

5. Until September 19, the said entertainment tavern employs female employees D, provide alcoholic beverages, etc. to many and unspecified male customers who found the said entertainment tavern, and made them pay 100,000 won to female employees as a price for commercial sex acts, and made them arrange commercial sex acts by having the female employees do sexual intercourse in the said entertainment tavern room.

the first half of April 2017 to the same year among the facts charged.

5. Until August 18, 201, the part concerning the arrangement of commercial sex acts in business was acquitted on the grounds thereof, and found guilty of the act of arranging commercial sex acts of " May 19, 2017."

Since the Defendant appealed against, and appealed from, the part of the judgment of the court below regarding the guilty, and the Prosecutor did not appeal against, or appeal against the part on acquittal of the above reasons, the part on acquittal of the above reasons was also judged in the trial together with the part on conviction. However, this part is already out of the object of attack and defense between the parties, and it cannot be determined in that part even by this court.

(see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010). Therefore, among the judgment below, the part of acquittal on the above ground among the judgment below is based on the conclusion of the judgment below, and it is not separately determined.

2. The Defendant’s defense counsel at the summary of the grounds for appeal (in fact-finding) asserted that “this case is based on an illegal naval investigation, and the indictment itself is null and void.” However, this cannot be deemed a legitimate ground for appeal as a new argument after the expiration of the deadline for submission of the grounds for appeal.

(2).

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