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(영문) 대전지방법원 홍성지원 2015.08.13 2015고단375

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is an employee of ‘‘(E in Chungcheong budget group D, Defendant B is an employee of the above business, and F, G, H is an employee of each of the above businesses.

Defendant

B From December 5, 2010 to April 1, 2015, he managed the above business establishment by employing female employees, such as F, and Defendant A as employees, respectively. From October 2014 to April 1, 2015, Defendant A received KRW 120,00 from a male guest who found the place at the order of B, and directed female employees, and had female employees conduct sexual intercourse using the Red Sea Contac in a room where a shower facility is installed.

Accordingly, the Defendants conspired to commit acts such as arranging sexual traffic for business purposes.

Summary of Evidence

1. Defendants’ legal statement

1. Examination protocol of Defendant B by the prosecution (including the part concerning the statement of Defendant A and G)

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. The Defendants of relevant criminal facts: Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and Article 30 of the Criminal Act.

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of probation and community service order: Article 62-2 of the Criminal Act;

1. Defendant A: The former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Defendant B: The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Defendant B of the provisional payment order: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are contrary to and confessions by the Defendants; Defendant B did not have any same criminal record, Defendant B did not have any criminal record or more than a suspended sentence; Defendant A was merely an employee; and Defendant A was merely an employee and all the conditions of sentencing as shown in the instant records and arguments, including the Defendants’ age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be comprehensively considered.