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(영문) 수원지방법원 2016.10.14 2016노1140
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. According to the evidence submitted by the prosecutor, the defendant can sufficiently recognize the fact that the defendant has engaged in the act of arranging sexual traffic as stated in the facts charged, and even if not, it can be recognized that the defendant assisted the act of arranging sexual traffic for business purposes, the judgment of the court below which acquitted the defendant of the facts, which affected the conclusion of the judgment.

2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.

A prosecutor has reached the trial for the first time, and (1) The facts charged which was pronounced not guilty in the original trial are as follows. (3) 1.1.

As stated in the port, the name of the crime shall be changed to "abscam for the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.", Article 32 of the Criminal Act shall be added to the applicable provisions of Acts, and Article 32 of the Criminal Act shall be added to the name of the preliminary crime; and Article 19 (1) 1 of the Act on the Punishment of Acts of Arranging Commercial Sex Acts, Etc.; Article 334 (1) of the Criminal Procedure Act shall be applied to the applicable provisions of Acts; and Article 334 (1) of the Criminal Procedure Act shall be applied to the facts charged [ab].

The judgment of the court below was no longer maintained, since the subject of the judgment was changed by adding each of the ancillary facts charged as stated in the same paragraph, and the subject of the judgment was changed by this court.

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument of misunderstanding of facts, and the judgment of the court below is again decided as follows.

【Discretionary Judgment】

1. Facts charged;

A. The primary facts charged E is a person operating a sexual traffic business with the trade name of “D” in the Gu F during the period of Ansan-gu.

E is found in the above "D" around March 18, 2015 from male customers.

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