"There Are Deposit Records but No Proof of Sexual Activity" ... First Trial Verdict Overturned
An active-duty police officer accused of engaging in prostitution was acquitted in the second trial, overturning the first trial's verdict.
According to the legal community on the 10th, the Seoul Eastern District Court Criminal Appeal Division 1-2 (Presiding Judges Kim Chang-hyun, Kim Seong-hoon, Jang Chan) overturned the first trial that sentenced A (28) to a fine of 1.5 million won for violating the Act on the Punishment of Acts of Prostitution and acquitted him.
A was prosecuted on charges of paying 180,000 won to a foreign woman for prostitution at an establishment in Suji-gu, Yongin-si, Gyeonggi Province in January 2021, when he was a university student.
A fully denied the charges, stating, "I thought it was just a massage parlor, but when I entered the room, there was an unpleasant smell, so I just left."
The first trial ruled guilty, citing that A transferred 180,000 won to the establishment manager, that the manager’s text messages were difficult to interpret as mere massage reservations, and that the establishment’s ledger recorded A’s personal information along with the note "good guy."
It was understood that the establishment marked "bad guy" in the ledger if there were problematic requests or issues.
However, the second trial court stated, "It is difficult to sufficiently prove that sexual intercourse occurred between the defendant and the woman involved in prostitution," and overturned the first trial.
Since the establishment manager who kept the ledger was not present at the prostitution scene, even if he received the money without any issues and recorded "good guy," it is difficult to consider this as evidence of actual sexual activity.
The court added, "Although it is unusual to claim that no sexual activity occurred and that the 180,000 won was not refunded," it cannot be ruled out that A, whose identity was exposed by sending his driver's license to the manager, may have chosen to forfeit the 180,000 won rather than escalate the matter.
The prosecution appealed the verdict.
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