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(영문) 서울중앙지방법원 2016.04.29 2016노494
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is guilty of fact at D (hereinafter “instant establishment”) located on the Gwanak-gu Seoul Special Metropolitan City C and the second floor.

It is nothing more than 10 times that she engaged in a trene sphere business and a marina, and there is no act of similarity such as facts charged or arranged it.

Since the establishment of this case is not likely to engage in a sexual act or act of similarity, it does not constitute a violation of school health law.

B. The punishment of the lower court is heavy.

2. Determination

A. Comprehensively taking account of the evidence examined in the lower court’s argument of mistake of facts, the following facts and circumstances are recognized.

The fact that the defendant engages in the business of arranging sexual traffic, etc., and the fact that the business is likely to be similar in school environment cleanup zone is recognized based on such fact.

① A slope G serving in a metropolitan control investigation team of living order of the Seoul National Police Agency was conducted in the court of the court below in the court of the court below, and was conducted to hear and control the talk about the arrangement of sexual traffic from the business owner of the instant establishment while obtaining a intelligence that leads to similarity in H and inspecting marina business establishments.

In addition to the two other police officers, they entered the business of this case, asked whether they would be engaged in commercial sex acts, and asked whether they would be engaged in commercial sex acts, and the defendant, who seems to be the owner, gave a hand-on service at a level higher than the charge.

At the time of the first entry into the instant business, only the Defendant was the only Defendant, but the Defendant was a telephone call, and the Defendant had been working for the instant business after ten minutes.

② According to the images of the photograph taken at the site of the instant business establishment at the time of the control of the instant case, the inside of the instant business establishment is divided into two spaces, and there are two rooms in the outer part, and the inside part of the room is independent, and the plan is two rooms in the inner part.

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