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(영문) 부산지방법원 2012.7.24.선고 2012고단4777 판결

성매매알선등행위의처벌에관한법률위반(성매매알선등),범인도피교사

Cases

2012. Violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. ( sexual traffic notice)

ship, etc. and criminal escape.

Defendant

Operation of Park○-○ and Mambacium

Residential captain ○○○-Eup

Daegu Dong-dong-gu 00

Prosecutor

In the case of the Austria, the prosecution of the case shall be held.

Defense Counsel

Law Firm Jeong-man

[Defendant-Appellant]

Imposition of Judgment

July 24, 2012

Text

1. The defendant shall be punished by imprisonment with prison labor for a year and a fine of 50,000,000 won; 2. If the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period calculated by converting 50,000 won into one day;

3. Seized evidence1 through 10 shall be confiscated;

4. 50,000,000 won shall be collected from the defendant.

5. An order to pay an amount equivalent to the above fine shall be issued;

Reasons

Criminal facts

The Defendant is the actual business owner of an 'O' in Busan Metropolitan ○○-dong ○-○○○○○○○. In order to operate a massage place along with a joint unemployment employer ○○○○○○ (integrated written inter-spambing adviser), a business owner in the name of a business owner ○○○○○○, the Defendant recruited sexual traffic women, such as 10 women, including 0,00,000, in order to operate a massage place, 5, a public bath room, toilet, laundry room, warehouse, restaurant, restaurant, a restaurant, etc., and recruited them to engage in commercial sex acts against male customers, and to punish them by having ○○, a business owner in the name of the business owner, undergo an investigation as if they were actually a business owner.

1. Violation of the Punishment of Arrangement of Commercial Sex Acts;

At around 21:10 on May 23, 2012, the Defendant: (a) received 170,000 won from the customer ○○○ in a place of massage surgery for customers’ gambling, and arranged to have a sexual intercourse once with the female employee Kim○, and (b) received 16-2,10,000 won from the male who had taken up as a guest from April 2008 to May 23, 2012, and arranged to engage in sexual traffic with the female and sexual traffic. Accordingly, the Defendant conspiredd with 00 and HuO for the business of arranging sexual traffic.

2. Abetting an offender;

On April 26, 2012, while engaging in the business of arranging sexual traffic as mentioned in the preceding paragraph, the Defendant appeared at the police station on May 2012, 201 to avoid criminal punishment, and stated on May 7, 2012 that Hu○○ was directly operated by Ma○○○, and stated on May 7, 2012, Ma○○○ was present at the police station and stated on May 7, 2012 as if ○○ was the actual operator of ○○○○○.

As a result, the Defendant got ○○ to make a false statement as if ○○ directly operated a place of massage practice, thereby instigating an offender to escape.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol on ○○○, ○○○, ○○○, and ○○;

1. Each prosecutor's statement concerning KimO, WhiteO, and Kim 00;

1. A copy of a protocol of suspect examination of the police against ○○○;

1. A written statement prepared by ○○ or by ○○;

1. Application of Acts and subordinate statutes of a criminal investigation report (No. 47 evidence submitted by the prosecutor);

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act (the conciliation of sexual traffic, the concurrent punishment of imprisonment with prison labor and fines), Articles 151(1) and 31(1) of the Criminal Act (the occupation of a person who is a victim of sexual traffic, the choice of imprisonment with prison labor)

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Confiscation or collection;

Article 48(1)1 of the Criminal Act, Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

[Conditions favorable to the Defendant]

○ The confession of the facts of the crime and the reflection thereof.

○ Since 2004, the fact that there is no previous record of punishment except that which has been sentenced to a fine on one occasion after 2004, and that it seems that 0 massage procedures were closed (a state unfavorable to the defendant) have been suffering from livers accompanied by 0 liverization and chronic hepatitiss (a state unfavorable to the defendant)

In addition, the crime of this case requires strict punishment as it is highly harmful to society, such as impairing human dignity and leading to a sound sexual culture and good morals, and it is highly likely that it might lead to a crime, such as prompt name card-holder tin, tax evasion, bribe, etc., the crime of this case is very bad in light of the size of the business, the period of the crime, the method and the volume of the crime, the income (see, e.g., evidence records 1242, 1491) which is punished by the crime, etc.

○ The Defendant has already been subject to eight times or more punishment (five times or more of punishment, five times of suspension of execution, and two times of suspension of execution), and the Defendant continues to commit the crime even though the president of the place of massage practice, who has operated the place of massage practice, has been subject to six times or more and has been subject to criminal punishment.

In full view of the aforementioned circumstances and the motive, means and result of the crime, the defendant's age, character and conduct, environment, criminal records, and circumstances after the crime, the punishment as ordered shall be determined.

Judges

Judges Spool