(영문) 대구지방법원 2016.05.20 2015노1346 | 리걸엔진

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(영문) 대구지방법원 2016.05.20 2015노1346

성매매알선등행위의처벌에관한법률위반(성매매알선등)방조

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The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the grounds for appeal is E that actually conducts the instant C User License, and the Defendant only lent the user license and the business report certificate to E.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Before determining the grounds for appeal by the defendant ex officio, prior to the determination of the grounds for appeal by the defendant, the prosecutor changed the name of the crime against the defendant to "violation of the Act on the Punishment of Acts, such as Intermediating, etc. of Commercial Sex Acts (mediation, etc. of Commercial Sex Acts)" to "violation of the Act on the Punishment of Acts, such as Arranging, etc. of Commercial Sex Acts (mediation, etc. of Commercial Sex Acts)," and added "Article 32 (1) of the Criminal Act" to "Article 32 (1) of the Criminal Act" under the applicable law of the corresponding part of the charges, and applied for an amendment to a bill of amendment to the indictment that changed to the facts charged as stated in paragraph (1) below, and

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, since there is a ground for reversal ex officio as above.

[Judgment to be used again]

1. The summary of the revised facts charged in the instant case was introduced by J (K’s relationship with K) from around 2012 to the Defendant, and, as a result, the Defendant loaned the Defendant’s license to use the Defendant’s business to E, the proprietor of the user shop, and promised to receive KRW 1,200,000 per annum in return, from May 8, 2014 to the Defendant at around 159, the Defendant changed the name of the user shop from K to the Defendant, and transferred KRW 1,212,00 from E to the Defendant’s account (L).

Since from around 2012, the Defendant had been engaged in drinking at the user, the above “C” member mediates sexual traffic, such as acts of similarity with male customers.

참조조문

-형법 제32조 제1항

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