Malmö district court ruled that the judge had not committed a crime, because he did not actually pay for sex.
Dan Ogvall, one of the three judges who heard his case, told Expressen that the appeal court judge had “done nothing except for masturbating while a girl was next to him.”
This does not count as sexual relations in Swedish law, according to the court, so the judge could not be guilty of paying for sex, it ruled.
The judge was caught last year, after police monitoring the brothel saw him enter.
The judge said he had previously signed an admission only to avoid publicity, and not because he thought that he had done anything wrong, he said.
The court on Friday agreed that he had not committed a crime, and ruled that the subsequent decision by the national disciplinary board for civil servants to fire him should therefore be reversed. He was awarded retroactive salary from September 2005.