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(영문) 제주지방법원 2016.05.26 2016고정194

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On October 17, 2015, the Defendant: (a) operated an image shop on the fourth floor of the 4th floor of the building located in Jeju-si, Jeju-si; (b) operated the image shop under the trade name of “C”; and (c) provided 150,000 won in cash from many and unspecified male customers who find out the shop, and provided 80,000 won in cash to female employees D; and (c) provided the said male customers with sexual intercourses with the above male customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Investigation report (e.g., details of crackdown);

1. Application of statutes on site photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense and Article 19 of the Act on the Punishment of such Acts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is as follows: (a) the Defendant committed the instant crime by arranging sexual traffic at the C image shop, which is the place where the instant crime was committed, from November 10 to May 17, 2015; (b) the Defendant was issued a summary order of KRW 5 million on July 28, 2015; and (c) on September 1, 2015, issued a fine of KRW 5 million due to the violation of the Act on the Punishment of Acts, such as Arranging of Commercial Sex Acts (e.g., brokerage of sexual traffic), and committed the instant crime by arranging sexual traffic in one month after the said summary order became final and conclusive; (d) in light of the fact that the Defendant committed the instant crime by arranging sexual traffic.

However, in light of the fact that the defendant led to the crime of this case and repented his mistake, the report on the closure of the crime of this case was made on the day following the day on which the crime of this case was discovered, the two times of similar cases, the age, sex, environment, motive for the crime, circumstances after the crime of this case, and other various sentencing conditions as shown in the records and arguments of this case, the punishment shall be determined as ordered.