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(영문) 의정부지방법원 2018.07.16 2018노1079
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine or misunderstanding the facts, thereby adversely affecting the conclusion of the judgment, by misapprehending the legal doctrine as to the joint principal offender, although the Defendant merely aided the operation of C’s sexual traffic establishments, and did not have conspired with C, thereby convicting of this part of the facts charged

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. The summary of the facts charged in the instant case is jointly operated with C by “E on the second floor of the D Building in Namyang-si, Namyang-si.”

1. On February 12, 2017, the Defendant conspired with C on February 12, 2017, in collusion with C, received 120,000 won from the customer F to the guest room, and provided guidance to the guest room, and had the female sexual traffic do the sexual intercourse.

2. On March 3, 2017, the Defendant conspired with C on March 3, 2017, in collusion with C, received 140,000 won from customers G from the said “E” and provided guidance to guest rooms, and had sexual traffic women do sexual intercourse.

Accordingly, the defendant conspireds with C to engage in commercial sex acts such as arranging sexual traffic.

B. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.

(c)

In light of the following circumstances revealed by the judgment of the court below and the evidence duly admitted and examined by the court below, i.e., that the defendant's Dong C was a disabled person of grade 3 with intellectual disability and was unable to read or write Korean language, the defendant was unable to operate the marina branch business of this case as C alone.

(2) The F and G, which had been a customer to the instant marina business, withdrawn cash from the cash withdrawal machine installed therein to pay for sexual traffic. The said cash withdrawal machine was installed when the Defendant conducts sexual traffic intermediary business at the instant marina business in the past, and ③ the Defendant.

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