beta
(영문) 서울동부지방법원 2016.03.03 2015고단3303

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

A is a business owner who operates a sexual traffic business establishment referred to as "E" on the first floor of Gangdong-gu Seoul Metropolitan Government D, and Defendant B is a person who works as the head of the business office in the above business establishment as the former part of Defendant A.

Defendant

A From March 2015 to August 4, 2015, at the same place of business, six having a marina room, four having a smuggling room, and operating a commercial sex business establishment, employing employees F, G, etc. of sexual traffic, and Defendant B, who had found the said place of business by receiving KRW 90,000 won from the male guest H, etc. and provided guidance to the employees of sexual sex trafficking with a room and send them into the room.

In collusion, sexual intercourses with customers have sexual intercourses or acts similar thereto, and mediates sexual traffic for business purposes.

Summary of Evidence

1. The legal statement of the defendant A (as to the defendant A) and some of the defendant B's legal statement (as at the second trial date);

1. Some statements concerning the suspect interrogation protocol against the defendant B

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

1. Scenic photographs of the control site;

1. Voluntary accompanying report and investigation report (Attachment of a summary order) (Defendant B);

1. Defendant B’s assertion is a wife in a de facto marital relationship with Defendant A, and he had a meals for A and visited the instant business establishment by getting him to assist A’s work, but he did not “business” to arrange sexual traffic.

The argument is asserted.

2. The meaning of "business" in Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts, refers to a person who has engaged in an act of arranging and arranging sexual traffic for business purposes, and the meaning of "business operations" shall be determined in accordance with social norms, comprehensively taking into account various circumstances, such as the repetition and continuity of the act in question, whether the act in question is conducted, whether the act in question is conducted, and whether the act in question, whether the act in question is conducted, and whether the act in question, the purpose and scale of the act in question, and the period and manner of the act in question (see Supreme Court Decision 2012Do4390, Jul.