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(영문) 대전지방법원 2017.08.18 2017고단2262

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 5,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. From January 17, 2017 to March 31, 2017, the Defendant arranged commercial sex acts by having the employees E, F, G, etc. engage in a similar teaching act in light of the sexual character of the above male customers by receiving KRW 80,00 to KRW 120,00,00,000 from the string male customers who find their places from the string male customers and receiving KRW 80,00 to 1.20,00,000 from the string male customers.

2. No person who violates the Immigration Control Act shall employ any foreigner who has no status of sojourn eligible for employment activities;

Nevertheless, the Defendant:

A. On January 17, 2017, at the same place as Paragraph 1 above, foreigners E who did not have the status of sojourn eligible for engaging in job-seeking activities as employees of sexual traffic.

B. On January 23, 2017, around the same place as Paragraph 1 of the above, a foreigner F, who did not have the status of sojourn eligible for employment, was employed as an employee of sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning G in the protocol concerning the examination of suspect of the police officer;

1. Images of the investigation report;

1. Application of Acts and subordinate statutes to the written accusation;

1. Article 19 (2) 1, and Article 24 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. concerning the facts constituting an offense, and Articles 9 (2) 9 and 18 (3) of the Immigration Control Act (the occupation of foreign employment and the selection of imprisonment with prison labor), Article 94 subparagraph 9 of the Immigration Control Act;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes by imprisonment with prison labor for a crime of violating the Act on the Punishment, etc. of Acts, such as Mediation, etc. of the most severe punishment (referring to the mediation, etc.

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

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

1. The community service order under Article 62-2 of the Criminal Act;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act, the size and period of business, the intervention of foreign nationality women, and the same.