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(영문) 인천지방법원 2016.03.16 2016고단230

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a proprietor who operates a business of mutual sexual traffic referred to as “D” by leasing Nos. 710, 1414, 1508, and 1515, etc. of Bupyeong-gu Incheon Metropolitan City Officetel, and employing female employees of B, etc., and Defendant B is a female employee of the said business.

1. On August 17, 2015, Defendant A arranged commercial sex acts by the same method from June 14, 2015 to August 17, 2015, by receiving 150,000 won in cash from E, which had been a customer, and guiding the said officetel 1515 to sexual intercourse with the female employees F.

2. On August 14, 2015, the Defendant: (a) around 22:00, around 22:00 of the instant officetel 1414, and (b) received 100,000 won in return for the sexual intercourse with a male guest; (c) and (d) was sexual intercourse over 15 times from July 22, 2015 to August 14, 2015, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of a police officer in relation to G, F, H, I, J, or K;

1. On-site photographs;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts; Article 21 (1) of the Act on the Punishment of Acts, Etc.; Article 21 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts; Article 21 of the Act on the Punishment of Acts, Etc.;

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

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. Article 48(1)1 of the Criminal Act (Defendant A) and Article 25 of the Act on the Punishment of Acts, such as Arranging sexual traffic;

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

1. Grounds for sentencing under Article 334(1) of the Criminal Procedure Act

1. Defendant A

(a) Sentencing criteria: Intermediation, etc. of sexual traffic crimes subject to 19 years of age or older;