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(영문) 서울동부지방법원 2014.07.17 2013고단3370
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Acquittal of the accused shall be acquitted.

Reasons

1. From August 25, 2013 to October 17, 2013, the Defendant operated a 100 square meters “C” page on the 1st basement in Songpa-gu Seoul, Songpa-gu, Seoul, with five beds and five shower rooms, employed a female employee D and E, and 40 million won from the male grandchildren who found the place, and arranged sexual traffic by having the said male grandchildren and the said female employees do a similar sexual intercourse by using the physical parts of the body, such as mouth.

2. When a criminal trial becomes final and conclusive substantially and conclusive, it cannot be repeatedly punished for the same crime, and where a prosecution is instituted against the same case with a final and conclusive judgment, a judgment of acquittal shall be pronounced. Whether the facts charged or the facts charged are identical shall be based on the defendant's act and social facts, and its normative elements shall also be considered (see, e.g., Supreme Court Decision 2004Do4758, Nov. 12, 2004). The so-called business crime is a single type of collective crime, the same act is naturally expected to be repeated due to the nature of the elements of the crime. Thus, it is an act constituting such a business crime, and multiple acts continuously and repeatedly conducted at the same place for a certain period, barring special circumstances, constitute one comprehensive crime, barring special circumstances.

(2) On February 7, 2014, a summary order (2014 high-ranking891) was issued to the Defendant on April 5, 2014, which became final and conclusive on June 14, 2014, and the facts constituting the crime of the said summary order was “C” on the first floor of Songpa-gu Seoul (hereinafter referred to as “C”) and on November 11, 2013, when the Defendant operated the business of “C” on the first floor of the Songpa-gu Seoul (hereinafter referred to as “C”).

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