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(영문) 창원지방법원 통영지원 2015.05.27 2015고단123

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The Defendant is a person who operates a sports marina establishment in Tong Young-si, the Defendant is a person who operates a sports marina establishment in D.

No one shall commit any act of arranging sexual traffic, etc. for business purposes.

Nevertheless, from September 1, 2014 to September 20:20, 2014, the Defendant employed “E”, “E”, “F”, “G”, and “H”, respectively, within the said sports marina business establishment, and received KRW 130,00,00 for each of the following reasons: (a) the Defendant was granted from around September 1, 2014 to around September 16, 2014; (b) had an unspecified number of customers who found the place to have sexual intercourse; and (c) had them receive KRW 130,00 from customers under the pretext of “

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of the police officer regarding I;

1. Statement to J police officers;

1. Each investigation report (business registration certificate, lease contract, specific proceeds from crimes, and photographs attached thereto);

1. Application of the existing Acts and subordinate statutes of subparagraph 1 of seized evidence;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (Selection of Fines) in comprehensive consideration of relevant Acts concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., and Article 48 (1) 1 of the Criminal Act;

1. The latter part of Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection [4,160,000 won] = (Sales from September 1, 2014 to September 16, 2019 to 8,320,00 won) ¡¿0.5 (excluding the rate of payment of female workers engaged in sexual traffic 0.5);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - The fact that there is no previous conviction and no record of punishment except once a fine, the fact that the crime is recognized and reflects the fact that the order of provisional payment was issued in order to dispose of the instant marina lot;

- The Defendant’s age, character and conduct, environment, and circumstances after committing the crime, etc. are equally taken into account the following factors: (a) the size of business (158.74 square meters) and the period of business (16 days), the proceeds of the crime (4,160,000 won) - The Defendant’s age, character and conduct, and conditions of sentencing under Article 51 of the Criminal Act are equally taken into account. The amount