logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.08.28 2017노1163
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower judgment, which recognized the Defendant’s mistake of fact, presumed that the number of times of arranging sexual traffic (23,325 = 93 days from May 31, 2014 to December 19, 2016 + 25 times) of the Defendant’s brokerage of sexual traffic was calculated on the premise that the average number of occasions of arranging sexual traffic for both “G” and “AL” operated by the Defendant at the time of control is 25 times. Of the above two businesses, the “AL” was operated only from November 15, 2016, and only one business operated as “G” during the previous period. Therefore, it was erroneous to apply the frequency of arranging sexual traffic to the two businesses by summing up the number of times during the entire period of crime, and it is also erroneous to calculate the amount of penalty on the basis of this.

Nevertheless, the judgment of the court below that convicted the whole facts charged on the basis of the number of times known as above and that calculated the amount of additional collection is erroneous as a misunderstanding of facts.

B. The punishment of the lower court (one year and six months of imprisonment, additional collection of KRW 349,875,000) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant had operated “G” from around May 2014. On November 15, 2016, the fact that the Defendant took over and operated the “AL” of a sexual traffic business establishment from AM and took over and operated it from around December 19, 2016 can be acknowledged.

B. As the defendant asserts, whether there was error in the calculation of the frequency of sexual traffic mediation or not, the defendant has worked as the office of the above establishment.

B stated to the effect that there was almost two customers at least an average of 20 to 30 days per day after deducting “AL” from the police, and that the AL room was almost good in business, the room operated by the prosecution at “G” business and used for commercial sex acts was 12, and the number of customers was 20 days, and the number of days was 30 days.

In addition, from the end of November 2016, AL operates the “AL”.

arrow