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(영문) 울산지방법원 2017.11.09 2017고단3631

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A The same year from February 2017 to the same year

7. From July 13, 2017, the business owner operating a sexual traffic business establishment with four smugglings from the Nam-gu, Ulsan-gu, and the third floor. Defendant B conspired to engage in sexual traffic at the said business establishment, with the head of the work at the said business establishment from July 13, 2017, and the Defendants conspired to engage in sexual traffic.

According to the above public offering, Defendant A employed female employees E, etc. who are engaged in commercial sex acts on condition that he/she is equipped with goods necessary for commercial sex acts and half of profits by leasing the above business establishment, and Defendant B, around July 27, 2017, had male customers who visited the place at the above D business establishment receive KRW 90,000 as the preparation for commercial sex acts and let female employees see the sexual organ of the customer in his/her hand.

As a result, Defendants conspired to arrange sexual traffic for business purposes.

Summary of Evidence

1. Defendants’ legal statement

1. A written statement of F, G, and E;

1. Application of each statute on photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 30 of the Criminal Act;

1. The option of the punishment against Defendant A, who is sentenced to imprisonment, and the fine against Defendant B

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);

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

1. Protective observation and community service order (defendant A) under Article 62-2 of the Criminal Act;

1. In full view of various sentencing factors disadvantageous to or favorable to the Defendants, such as the period of business operation, degree of participation, status, size of profit, Defendant A’s same criminal record or absence of a suspended sentence of execution, Defendant B’s criminal record or a suspended sentence of execution, etc., the punishment for Defendant A shall be determined within the scope of the sentencing guidelines, such as the main sentence, within the scope of the sentencing guidelines with respect to Defendant A.