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(영문) 부산지방법원 2017.08.25 2017노1446
성매매알선등행위의처벌에관한법률위반(성매매)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant only made telephone conversations with C for counseling and communication, and did not have to have a sexual traffic business establishment operated by C, and thus, found the Defendant guilty of the facts charged in the instant case, and there is an error of law

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant’s act of engaging in sexual traffic as stated in the facts charged can be sufficiently recognized.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law by misunderstanding the facts as alleged by the defendant, and the above argument by the defendant is

① On May 21, 2016, from around 21:56 to 23:49, the Defendant sent 24 text messages to the mobile phone used by C for the business of a commercial sex business establishment and sent them once. However, C made a statement at an investigative agency that “The Defendant sent a text message asking questions about the location of the commercial sex business establishment, commercial sex acts, etc., and sent it to the Defendant’s phone who arrived at the location of the commercial sex business establishment,” which read that “The Defendant got out of the commercial sex business establishment.” (The Defendant was sent first to her phone for counseling about the correspondence, and her phone was sent only 2 to 3 times, and only her phone was sent only, and it was not inconsistent with objective communication confirmation data. However, the Defendant’s phone was not consistent with the objective communication confirmation data, and it was difficult to accept the Defendant’s assertion that the Defendant was a commercial sex business operator in light of the location of the new base station, and whether the Defendant was the Defendant’s occupation of the investigative agency.

Only 140,000 won shall be paid for sexual traffic after checking whether a person who conducts correspondence knows the defendant.

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