강간등
Defendant
A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.
provided that this ruling has become final and conclusive.
Punishment of the crime
1. Defendant A
A. On March 20, 2015, the Defendant violated the Act on the Arrangement of Commercial Sex Acts, Etc. (sexual traffic) committed sexual intercourse with a similar sexual intercourse, such as receiving the Defendant’s sexual organ from F with his/her hand and his/her wound, etc., at around 3:10 on March 20, 2015, at the intervals of KRW 2116, and one hundred thousand per hour.
B. As described in the above paragraph (a), the Defendant, while engaging in sexual intercourse similar to that of the victim F (n, 27 years of age), was trying to rape the victim, and forcedly add the victim’s bridge to both hands, thereby inserting the victim’s sexual organ into the Defendant’s sexual organ. However, the victim was unable to take the victim’s body in his/her hands, and prevented the victim from leaving the victim in his/her seat, thereby coercing the victim from leaving his/her resistance and committing rape once.
2. On March 20, 2015, the Defendant: (a) leased Nos. 2116 and 2109 of the Busan Jin-gu building E, Busan; (b) advertised commercial sex acts with the trade name of “G” on the Internet website; and (c) decided to receive KRW 100,000 in cash for one hour from the customer A, etc. who found the advertisement; and (d) allowed F, an employee, to perform a similar sexual intercourse by forcing a male customer to harming the sexual desire of male customers by entering and hand.
In addition, the Defendant committed commercial sex acts from March 20, 2015 to May 6, 2015 to unspecified customers, including arranging commercial sex acts.
Summary of Evidence
1. Defendants’ respective legal statements
1. Protocol concerning the examination of each police suspect against F, H, and I;
1. Statement of the police statement concerning F;
1. Application of Acts and subordinate statutes to the table of request for appraisal, photographs and investigation reports (No. 7, 10, 11, 18, 19 No. 19) at the time of examination;
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Article 297 of the Criminal Act and Article 21(1) of the Act on the Punishment of Acts of Arranging Sexual Traffic (the point of sexual traffic and the choice of imprisonment);
B. Defendant B: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (Selection of Imprisonment).