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(영문) 의정부지방법원 2016.04.18 2015고단4429

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

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

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

1. Defendant A is a person who establishes a simple bed room and operates a sexual traffic business establishment with the trade name “D” on the second floor of the C building in both weeks.

From March 2015 to July 29, 2015, the Defendant employed female workers, such as E, at the said establishment, and received approximately KRW 80,000 from the unspecified number of customers who found the establishment, about 80,00,00 from the said establishment, the Defendant had the said employees engage in a similarity act that helps the said employees sees the sexual organ of customers by hand in the marina room, and arranged the said employees to interfere with the customers by receiving approximately KRW 100,00 from the customers.

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

2. Defendant B, even from the end of April 2015 to July 29, 2015, with the knowledge of the fact that he/she is engaged in a sexual traffic brokerage business as seen above, he/she was able to facilitate the crime of A, such as providing a customer with a guide to the female employees of sexual traffic, etc. in order to assist him/her in doing so.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Written statements of the F and E;

1. On-site photographing photographs;

1. Application of statutes on business registration certificates;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 19(2)1 of the Act on the Punishment of Acts, Including Arranging Sexual Traffic, and Selection of a fine

B. Defendant B: Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts; Article 32 of the Criminal Act; selection of fines

1. Mitigation (Defendant B) Articles 32(2) and 55(1)6 of the Criminal Act

1. Articles 70(1) and 69(2) of the Criminal Act, each of the Defendants’ detention in a workhouse

1. Article 334(1) of the Criminal Procedure Act

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (Defendant A);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that Defendant A does not have the same criminal record, and Defendant A does not have the same criminal record.