beta
(영문) 인천지방법원 2016.03.17 2015고단7333

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

B Imprisonment for eight months, and Defendant A shall be punished by a fine of eight hundred thousand won.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

B From January 16, 2014, as a business proprietor operating “F” in the Seo-gu Incheon, Seo-gu, Incheon, and the second floor, the business proprietor possessed the Red Sea, etc., and, if the customer wants to have a sexual intercourse, the customer was to have a sexual intercourse with the female employee, and the customer was to receive KRW 65,000 from the customer and to acquire KRW 30,000 among them. Defendant A is a person who works as a massage from October 1, 2015 to the said business.

On October 8, 2015, the Defendants, at around 21:10, are in front of the above business site. However, the Defendants received 100,000 won in cash from the police officer who pretended to be guests, and should not have sexual intercourse with female employees G at the three rooms of the above business site.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes, such as on-site and red sea photograph;

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

1. Defendant A: Defendant B who is subject to a fine: Imprisonment with prison labor;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Confiscation Defendant B: Article 48(1)1 of the Criminal Act, Article 25 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc.;

1. Defendant A with a provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Defendant B [Determinations of Types] 2 (Mediation, etc. of Commercial Sex Acts by Business, Receipt of Prices, etc.) (Determination of the area where recommendations are made) basic area (whether suspended execution is suspended in June through January 4) of the type 2 (Determination of the area where recommendations are made) (Determination of the area where recommendations are made / The main reasons for suspension of execution): The negative previous and negative criminal records of the same kind and negative accomplices: The leading role as the negative accomplice

2. The act of arranging sexual traffic with the sentence against the Defendants does not have a significant social hazard, such as harming the sound sexual culture and good morals by commercializing women’s sex, and preventing the proliferation of illegal sexual traffic businesses.