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(영문) 수원지방법원 성남지원 2018.03.09 2017고단3460

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A Imprisonment with prison labor for six months, Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is a person who operates D, which is a sexual traffic business establishment in Gwangju City C and 4, and Defendant B is a person who assists in the business of Defendant A.

No person shall arrange, etc. sexual traffic for business purposes.

Nevertheless, Defendant A operated the said D from July 5, 2017 to November 21, 2017, and arranged a male customer who found the said D to receive KRW 1.30,000 as the price for sexual traffic and to engage in sexual traffic; Defendant B received KRW 1.3 million from October 20, 2017 to November 21, 2017 upon Defendant A’s request from the said D business, and reported the carbs at the said D business, and gave a male customer an opportunity to engage in sexual traffic, and arranged the sexual traffic by guiding the male customer to engage in sexual traffic.

As a result, Defendants conspired to act as commercial sex acts such as brokerage.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of E and F;

1. Application of statutes on field photographs;

1. Article 19(2)1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic; Article 30 of the Criminal Act; Article 19(2)1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic; Article 19(2)2 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic; Article 30 of the Criminal Act; Selection of fines;

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who has been suspended from execution: Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Defendant A who provides community service or attend lectures: Article 62-2 of the Criminal Act;

1. Defendant B: The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the act of arranging sexual traffic with the reason for sentencing is not highly harmful to society by commercializing the sex and undermining the sound sexual culture and good morals. Defendant A, even though he was sentenced to a fine by arranging sexual traffic at the place of the instant crime, without being aware of the fact that the crime of this case was committed again in a similar manner at the same place without being aware of it.