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(영문) 서울남부지방법원 2014.05.08 2014노29
성매매알선등행위의처벌에관한법률위반(성매매)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (deficiosiosiosiosiosiosiosiosiosiosiosiosiosiosiosiosiosiosiosiosiosiosiosiosio 1-

In light of the provisions of the Act on the Punishment of Acts of Arranging Sexual Traffic and the principle of legality, physical contact acts other than similar sexual intercourse acts shall not be punished pursuant to the above Act.

Nevertheless, the lower court convicted the Defendant.

Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of judgment.

2. Determination

A. The meaning and criteria for determining similar sexual intercourses (as stated in the original judgment) ① The act of inserting any insertion into the body inside the body, such as the mouth and anus, or physical contact to obtain a sexual satisfaction at least to the extent that it can be seen as similar to the sexual intercourses. ② The standard for determining: the place where the act in question was committed, the act in question, the selection of the actors, the degree and degree of physical contact, the detailed contents of the act in question, and the degree of sexual satisfaction resulting therefrom, shall be comprehensively evaluated and evaluated in a normative judgment.

(b).

According to the evidence duly admitted and examined by the court below as to whether the defendant's act constitutes a similar sexual intercourse, ① the place where the act in this case was committed was 2 times in the trade name of "G", ② the lighting was held in the state of a room, ② the I's act was reported by the investigative agency that he was aware that he was a place where he was drinking the signboard at this business establishment, and that he was aware that he was drinking the above signboard at this business establishment, and that he was drinking the her by hand and her sexual intercourse, ③ the above room was entered together with the defendant, other female employees (J), two male customers (I, and H). At the time, the defendant and J went together with the defendant, and two female employees were to be off and her clothes, and the female employees were to be off and her clothes to two male customers, and the female employees were to be found to have been her body, ④ the male body was found to have been panty, and under such state as H was under such condition.

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