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(영문) 의정부지방법원 고양지원 2015.02.13 2015고단109

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

The Defendants employed a female sexual traffic female with foreign nationality in the above officetels by attracting male customers to engage in sexual traffic by distributing and publicizing the above entertainment logs in toilets, parking lots, etc. in high-si areas where entertainment is concentrated at the same time, and by arranging sexual traffic, the Defendants arranged the commercial sex acts by ordering male customers to engage in commercial sex acts from October 1, 2014 to January 8, 2015. The Defendants: (a) leased Nos. 303, 406, 703, 1114, and 507 of the building of the Sinyang-dong-gu, Busan Metropolitan City to wait for the female sexual traffic in the above officetels; and (b) arranged commercial sex acts against the average male descendants of 110,000 to 18,000 won in return for establishing one-time sexual relationship with male customers who found at the same time.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to field photographs, copies of business books, respective dialogues, and officetels photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act and the choice of imprisonment with prison labor;

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

1. Probation and community service order (defendant B) Article 62-2 of the Criminal Act;

1. The first sentence of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Minimum profit gained by committing the act of arranging sexual traffic in the latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (the defendants) : 40,000 won per customer (=The minimum amount of 100,000 won per time of sexual traffic - the amount of 60,000 won paid to female employees) (the average number of customers per day: 28,820,000 won during the eight business periods: 28,820,000 won (=40,000 x 8 x 90 days) during the period of eight business: the share of Defendant A (20,160,000 won) (=28,820,000 won x 0.7)