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(영문) 부산지방법원 2018.05.28 2018고단1228

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 5,00,000 won.

If the above fine is not paid, 100,000 won.

Reasons

Punishment of the crime

After having employed a female of sexual traffic, the defendant is a person who operates E, which is a sexual traffic business place, by leasing the building C or D in Busan-gu, Busan-gu, and providing it as a place for sexual traffic and advertising through the Internet.

On January 29, 2018, around 20:0, the Defendant: (a) reported the “F (one person: G)”, a website for Internet commercial sex acts; (b) provided the said D with a payment of KRW 1.50,000 to the customer under the pretext of the picture; and (c) provided the said D with a single sexual intercourse with I and H, an employee; and (d) arranged commercial sex acts from December 19, 2017 to January 29, 2018.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to I;

1. Statement made by the police with H;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging, etc. Sexual Traffic concerning facts constituting an offense (including cases)

2. Imprisonment with prison labor and a fine concurrently (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic).

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that there is no criminal history other than once a fine for the crime committed by the same crime);

5. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

6. Article 48 (1) 1 of the Criminal Act to be confiscated;