logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.04.22 2015노2245
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. The judgment below is reversed.

2. The Defendants shall be punished by imprisonment for six months.

3. However, as to the Defendants, this case is applicable.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against Defendant B (six months of imprisonment, two years of probation, two years of probation, observation of protection, and 120 hours of community service) is too unfased and unreasonable.

B. Defendant A is a joint principal offender who is in charge of overall management of the instant sexual traffic establishment, and whose functional control over the act of arranging sexual traffic is recognized.

Nevertheless, the judgment of the court below which recognized only the liability of aiding and abetting Defendant A as a criminal for aiding and abetting Defendant A is erroneous.

2) The lower court’s improper sentencing (an amount of KRW 3 million) is too unhued and unreasonable.

2. Determination on the assertion of mistake of facts against Defendant A

A. The summary of the facts charged is that Defendant B is the business owner of “F” in Seo-gu, Daejeon, and Defendant A is the manager of the foregoing business.

From the beginning of May 2014 to August 18:50, 2014, the Defendants conspired to install 7 marina rooms, shower facilities, clothes, and simple beds to the above F, employ G and H as an employee engaged in sexual traffic, and receive KRW 80,00 from an unspecified number of male descendants, and provide 50,000 won among them to the employees of the said G, etc., and then have the employees of the said G, etc. take the telegraph of male customers, and arrange sexual traffic by causing sexual intercourse.

B. The judgment of the court below in collusion with other persons to engage in the business of arranging sexual traffic

(1) In order to carry out a decision on the establishment and operation of a commercial sex trafficking business establishment, which falls under the principal's mark, shall have been conducted in such a manner as to raise funds necessary for the operation of the commercial sex trafficking business establishment, lease the place to be used as a business establishment, hire the employees, install and operate related facilities, distribute profits, etc.

According to the evidence, Defendant B, like Defendant A’s statement, was employed by Defendant A to receive approximately KRW 3-40,00 per day from Defendant B. Defendant A was a person who was employed by Defendant B while Defendant A was on the job of Defendant B.

arrow