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(영문) 수원지방법원 2017.07.27 2017고정1531

성매매알선등행위의처벌에관한법률위반등

Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a shop in Thailand with the trade name of "C" from Suwon-si B and the second floor of Suwon-si.

1. No person who violates the Act on the Punishment, etc. of Acts, such as brokerage, etc. of sexual traffic, shall accept or promise to receive money, valuables or other property benefits, and engage in sexual intercourse and similar acts in return for promising such acts, and shall not engage in such acts as arranging such acts for the business thereof;

Nevertheless, around March 19:50 on March 6, 2017, the Defendant employed D and E as a female to engage in sexual traffic at the above-mentioned business establishment, and solicited sexual traffic to receive KRW 130,000 from many unspecified customers who find the above business establishment, and provided guidance to the inside room in place of business, and then allowed the Defendant to teach sexual intercourse and similarity with the above-born women.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

2. No person in violation of the Educational Environment Protection Act shall operate a business to provide services which result in physical contacts between unspecified persons, exposure to sealed parts, etc. or are likely to result in other similar acts in an educational environment protection zone;

Nevertheless, the Defendant operated a sexual traffic business establishment with the trade name of “C” as referred to in paragraph 1 in Suwon-gu, Suwon-si, a relative protection zone, within 95 meters from F elementary schools, and within 142 meters from G kindergarten.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each pen;

1. A list of letters, records of seizure and seizure of each flagrant offender;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Acts, such as Arranging Sexual Traffic, Etc. (the fact that a person arranges sexual traffic for business purposes) and Articles 16 (1) and 9 of the Act on the Protection of Educational Environment (the fact that an act is prohibited within an educational environment protection zone), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.