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(영문) 대구지방법원 2016.12.08 2016고단5541

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

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1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

1. The accused who violates the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.;

5. 2. From March 2016 to May 2, 2016, in the Daegu Dong-gu, the non- male grandchildren received 60,000 won as the price for sexual traffic and let D, a female sexual traffic, do sexual intercourse. From March 2, 2016 to May 2, 2016, the said sexual traffic business entity received 50,000 to May 2, 201 as the price for sexual traffic from the unspecified number of male grandchildren, and had them do sexual intercourse.

Accordingly, the defendant has engaged in arranging commercial sex acts for business purposes.

2. Any person who violates the School Health Act shall be prohibited from performing any act or facilities falling under the business of providing services which are likely to engage in physical contacts between unspecified persons, or sexual acts, such as exposure to smuggling parts, or to commit similar acts, in school environmental sanitation and cleanup zones;

From March 2, 2016 to May 2, 2016, the Defendant operated commercial sex acts establishments as above at the inns specified in the above paragraph (1) located in the Daegu E Elementary School located in Daegu Dong-gu, about approximately 168 meters away from the school environmental sanitation and cleanup zone.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of F, G, and H;

1. Each police statement made to D or I;

1. Fire-proof reports, reports on the control of public morals and business places, and field photographs;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Relevant legal provisions concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the occupation of arranging sexual traffic and the choice of fines), Articles 19 (2) and 6 (1) of the School Health Act (the occupation of prohibited acts, etc. in school environmental sanitation and cleanup zone and the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The Criminal Procedure Act;