beta
(영문) 인천지방법원 2015.05.22 2015고정815

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 24, 2014, around 21:00, the Defendant arranged sexual traffic by guiding the police officer as 103 accommodation so that the Defendant received 40,000 won for sexual traffic from the police officer belonging to the Incheon Bupyeong-gu Police Station to receive 40,000 won for sexual traffic from the police officer belonging to the Incheon Bupyeong-gu Police Station to engage in sexual intercourse.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement to E by the police;

1. Report on detection of a suspected violation of the Punishment of Arrangement of Commercial Sex Acts (the act of arranging commercial sex acts) (the defendant and his defense counsel are the facts that the act of arranging commercial sex acts was committed as stated in the criminal facts in the judgment of the defendant, but this is caused by a naval investigation by a police officer, and thus the indictment of this case is null and void. However, a naval investigation refers to an investigation method that induces a person who does not have the original criminal intent to commit a crime by inducing an investigative agency by using tricks or schemes, etc., and thus, it cannot be said that it is a naval investigation if a person who has the criminal intent give an opportunity to commit a crime or makes it easy to commit a crime (see Supreme Court Decision 2007Do4532, Jul. 26, 2007). According to the records, the defendant's act of arranging commercial sex acts against a police officer who is most likely to be a customer among the people who had the first criminal intent, so the above assertion is without merit).

1. Article 19 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.