(영문) 광주지방법원 2017.10.11 2017노3121 | 리걸엔진

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(영문) 광주지방법원 2017.10.11 2017노3121

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants (1) misunderstanding the facts and legal principles do not have good offices for engaging in sexual traffic (hereinafter “the first argument”) and did not acquire KRW 900,000 as criminal proceeds arising from the brokerage of sexual traffic (hereinafter “the second argument”). Nevertheless, the lower court determined that the Defendants were guilty of all the charges by providing only a statement within the court of the lower court’s judgment that is not reliable witness I’s testimony, and calculated the Defendants’ criminal proceeds as KRW 90,000,000. In so doing, the lower court erred by misapprehending the legal principles on the mistake of facts and the recognition of the credibility of the witness’s statement, thereby adversely affecting the conclusion of the judgment.

(2) Each sentence sentenced by the lower court to the Defendants (i) imprisonment with prison labor for 8 months, additional collection of 900,000 won, (ii) imprisonment with prison labor for 6 months, additional collection of 900,000 won) are too unreasonable.

B. Each sentence sentenced by the court below to the Defendants is too uneasible and unfair.

2. Determination

A. As to the Defendants’ assertion of misunderstanding of the facts and misapprehension of the legal doctrine (1) as to the Defendants’ assertion 1, the Defendants also asserted the same purport as the grounds for appeal, and the lower court rejected all of the allegations by the Defendants in detail on the “judgment on the Defendants A, B, and the defense counsel’s assertion” in the said written judgment.

Examining the reasoning of the lower judgment in comparison with the evidence duly adopted and examined by the lower court, the lower court’s aforementioned determination is justifiable. In so determining, it did not err by misapprehending the legal doctrine as alleged by the Defendants.

(2) According to the evidence duly admitted and examined by the lower court, including the witness I’s statement in the lower court’s court’s trial as well as the witness I’s statement, the fact that the Defendants’ criminal proceeds reach KRW 9 million can be fully recognized.

(3) Accordingly, the Defendants’.

유사 판례

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-광주지방법원 2016.01.13 2015노1512

-울산지방법원 2017.12.08 2017노810

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