가.범인도피나.의료법위반다.성매매알선등행위의처벌에관한법률위반(성매매알선등)라.범인도피교사
2020 Highest 85 (a) The escape of an offender
B. Violation of the Medical Service Act
(c) Violation of the Punishment of Arrangement of Commercial Sex Acts;
(d) Abetting an offender;
1.(a)(c) A;
2.b.(c) B
The new constitutional interference, the transfer of a woman, and the public trial;
Attorney Lee Dong-○ (for the defendant A)
Attorney Park In-bok (Defendant B)
April 8, 2021
1. Defendant A
Defendant shall be punished by a fine of five million won.
When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.
In order to order the provisional payment of an amount equivalent to the above fine.
Of the facts charged in the instant case, the charge of violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. and the escape of the offender is not guilty.
2. Defendant B shall be acquitted.
Criminal facts
No person shall establish a massage treatment establishment unless he/she is recognized as a massager by the competent Mayor/Do Governor.
Nevertheless, Defendant A, who was not recognized as a massage, was equipped with four rooms, beds, etc. at the business establishment from October 20, 2017 to July 25, 2019, and opened a massage place for an unspecified customer who found such places.
Summary of Evidence
1. Defendant A’s legal statement
1. Each protocol of seizure;
1. Each National Tax Service's registration of its business operators;
1. A copy of a real estate right transfer contract, a copy of Qua New York, and a business registration certificate;
1. Each photograph;
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Articles 87(2)2, 33(2), and 82(3) of the former Medical Service Act (Amended by Act No. 1655, Aug. 27, 2019);
1. Detention in a workhouse;
Articles 70(1) and 69(2) of the Criminal Act
1. Order of provisional payment;
Article 334(1) of the Criminal Procedure Act
Reasons for sentencing
Although Defendant A’s fault is not less than that of Defendant A, Defendant A’s primary crime is against Defendant A’s age, character and conduct, motive, means and consequence of the crime, and other various sentencing conditions, such as the circumstances after the crime, shall be determined as the order.
Parts of innocence
1. Facts charged;
From around October 2016, the Defendants established a ○○○ Marina in Daegu-gu around October 2017 a business establishment with the mutual recognition of “○○○○○○○ Marina”. Defendant B conspireded to take charge of the following roles: (a) providing lessors with money such as deposit for rent and premium for pre-existing business owners (hereinafter “○○○”); (b) providing women with commercial sex acts; and (c) having been stationed in the said business establishment and managing the said business establishment.
A. Joint principal conduct (violation of the Punishment of Arrangement of Commercial Sex Acts, etc.) of the Defendants;
The Defendants provided four rooms, brusings, and shooting facilities with the trade name "000 Mags" in Daegu-gu, and conspired to operate the business in such a way that they received the price for sexual traffic in the amount of KRW 5-110,000 and the price for sexual traffic in the amount from the male grandchildren who found such places, and who was introduced from the female recommendations for sexual traffic such as leap○○, etc., and let the flus women, etc. in the name of leap○, etc. engage in sexual intercourse or similar behavior.
On October 20, 2017, the Defendants received the amount of ○○○○ Marina, 2017 from the unclaimed customers who found the said place, and let her son and female, who was introduced by the said ○○○, take the place by means of having the said customer take the custody of the telegraph for 40 minutes to 1 hour, and let the said customer take the place of sexual intercourse or similarity with the said guest from that time until July 25, 2019, and arranged to engage in sexual traffic in the same way.
As a result, Defendants conspired to arrange sexual traffic for business purposes.
B. Defendant B (Violation of Medical Service Act)
No person shall establish a massage treatment establishment unless he/she is recognized as a massager by the competent Mayor/Do Governor.
Nevertheless, the Defendant, who was not recognized as a massage, opened a massage place for an unspecified customer who was equipped with four rooms, beds, shower facilities, etc. from October 20, 2017 to July 25, 2019.
C. Defendant B (Abetting the Defendant)
On July 2018, the defendant introduced sexual traffic women from the above ○○○, and received an investigation from the Daegu Susung Police Station on the suspicion of operating the above 'OOOOOma place' and the 'OOOOma place', the defendant requested the above 'OOOOma place' to make statements from the police as if the above 'OOOOma place' was operated independently by the above 'OOOOma place'. However, although the above '00 head office' was actually operated by the above 'O0 head office', the defendant requested the above 'A' to make statements from the police as if the above 'Mama place' was operated independently by the above 'Mama
Accordingly, on July 31, 2018, A was investigated by the Daegu Suwon Police Station located in Seongbuk-gu, Daegu, and upon the defendant's request, A made a false statement that "the above 000 marina business was directly operated by himself/herself, and the defendant did not have been involved in the operation."
As a result, the defendant instigated A to escape a person who commits a crime corresponding to a fine or heavier punishment.
D. Defendant A (delivery)
On July 3, 2018, the Defendant, like the above C., stated that B was the sole owner of the above '00 Mazine' at the time of police investigation, and that B was not involved in the operation of the above 'B', and consented to the request. On July 31, 2018, the Defendant made a false statement that "the above 1,00 Mazine business was operated independently by the head of the 1,00 Mazine and that B was not involved in the operation of the 'B'.
In this respect, the defendant had a person who committed a crime subject to imprisonment or more severe punishment escape.
2. Determination
The Defendants consistently asserted from investigative agencies to this court that Defendant A independently operated the instant marina business, and that there is no way to arrange sexual traffic.
According to the evidence submitted by the prosecutor, Defendant A participated in the process of accepting the marina business of this case, Defendant B paid the acquisition price for marina business establishment on behalf of Defendant B, Defendant B paid the acquisition price for marina business establishment upon Defendant A’s request for participation in and job placement of marina business establishment in lieu of brokerage expenses, the Defendants decided to impliedly accept the act of prostitution at marina business establishment, but the following circumstances acknowledged by the records of this case are acknowledged: (a) Defendants were in a relationship before they take over the marina business of this case; (b) Defendant B received all money on behalf of Defendant A upon Defendant A’s request; and (c) Defendant B obtained profits from the marina business establishment of this case; and (d) Defendant B did not have any evidence to deem that an employee female of this case was engaged in sexual traffic at the marina business establishment of this case; and (e) Defendant B did not jointly operate the marina business establishment of this case, and there is no evidence to support that the Defendants conspired to commit sexual traffic, and there is no other evidence to support the crime.
3. Conclusion
Therefore, this part of the facts charged against the Defendants constitutes a case where there is no proof of facts constituting a crime, and thus, a not-guilty verdict is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, but the summary of the judgment is not publicly announced pursuant to
Judges Lee Jae-chul