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(영문) 부산지방법원 2020.09.25 2020노2248
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) is known by an investigative agency that his building is being used as a sexual traffic business establishment B, and was sentenced to conviction in related cases, and actively forged evidence, etc., it should be deemed that the Defendant committed the instant crime with an intention to commit the crime separate from the criminal facts recognized in the final judgment, in light of the fact that the Defendant was aware

Nevertheless, the judgment of the court below that acquitted the defendant on the ground that the defendant's final judgment has res judicata effect on the crime of this case is erroneous in misconception of facts and in misapprehension

2. In light of the circumstances acknowledged by the records of this case, the lower court sentenced the Defendant to be acquitted of the facts charged of this case on the ground that the act of arranging sexual traffic, etc., recorded in the facts charged of this case, is a continuous crime and has a relation to the crime of a final judgment and a comprehensive crime, and that the act of arranging sexual traffic, etc., which is obvious before the final judgment was rendered as a fact-finding court

Examining the judgment of the court below closely by comparing it with the records, the judgment of the court below is justified, and contrary to the prosecutor's assertion, there is no error of law by misunderstanding facts or by misapprehending the legal principles, which affected the conclusion

The prosecutor's assertion of mistake and misapprehension of legal principles is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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