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(영문) 서울동부지방법원 2014.06.26 2014고정729

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) operated a commercial sex acts establishment, which was “C” on the first floor of Songpa-gu Seoul, Seoul from September 15, 2013 to September 16, 2013. On September 22:30, 2013, the Defendant received KRW 110,000 in cash from male guests D and E, each of which he/she had found the said establishment, and arranged F and G to perform commercial sex acts with the said male in the smuggling room at the said establishment.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. A person who violates the School Health Act shall not establish or operate a commercial sex acts establishment in school environmental sanitation and cleanup zone, but the defendant set up and operated the commercial sex acts establishment in the above place located within a radius of 200 meters from the H middle school which is a school environmental sanitation and cleanup zone, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police officer in relation to I, F, and G;

1. Each written statement of D and E;

1. An investigation report (public notice of leisure hours related to School Health Act violations and attaching Internet guidance);

1. Application of the photographic Acts and subordinate statutes;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Articles 19 (2) and 6 (1) 19 of the School Health Act and the selection of fines, respectively, concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;