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(영문) 대구지방법원 2016.02.16 2015고단5118

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

1. Defendants shall be punished by a fine of KRW 8,000,000.

2. The Defendants did not pay the above fine.

Reasons

Punishment of the crime

Defendant

B The owner operating a commercial sex trafficking business in the name of ‘‘(D’ in the light acid C, Defendant A shall be an employee of the above business, Defendant E shall be an employee of the above business.

The Defendants conspired, from March 22, 2015 to March 30, 2015, and from March 30, 2015 to April 6, 2015, Defendants B and A employed four sexual traffic women, including F, in the above place, from around March 30, 2015 to April 6, 2015, and arranged sexual traffic by allowing male customers who find the place to receive KRW 120,00 won from the price of sexual traffic and to pay KRW 70,00 to the female sexual traffic, and allowing them to have sexual intercourse with the female guests.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Voluntary submission of a protocol of seizure, list of seizure and list;

1. Application of Acts and subordinate statutes to report internal accidents;

1. Relevant Article 19 (2) 1 of the Act on the Punishment of Acts, Including Arranging of sexual traffic, and Article 30 of the Criminal Act concerning criminal facts;

1. Defendants to be detained in the workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Defendant B: Article 48(1)1 of the Criminal Act;

1. Defendant B: Article 10 (1) and Article 8 (1) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds;

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. favorable circumstances: The defendants - All the defendants are not guilty of a fine on two occasions, and have no record of punishment for the same kind of crime - Defendant A has no record of punishment for the same crime.

2. Unfavorable circumstances - Defendant B: The degree of his/her participation in the crime - Defendant A: The degree of participation in the overall management of the business establishment is heavy, and there is a history of being sentenced to suspended execution due to a violation of the Act on the Promotion of the Game Industry by operating an illegal money exchange and entertainment room on the ground of “the president of the place of business”.

3. Other Defendants’ age, sex, health conditions, home environment, and motive for committing crimes.