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(영문) 춘천지방법원 2014.04.01 2013고단1087

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 28, 2013, the Defendant: (a) around 00:02 on July 28, 2013, 2013, at the 'C' 'C', operated by the Defendant in Hongcheon-gun B of Gangwon-do, equipped nine shower facilities; (b) employed an employee with shower facilities; and (c) assisted sexual traffic by receiving KRW 1.30,00 from D, a customer who found the said establishment, and allowing the Defendant to have sexual intercourse with his employee in the name of the Defendant.

2. From the end of September 2013 to October 12, 2013, the Defendant: (a) provided four inside the “C” male-only skin management shop with a shower equipment inside the lecture room; and (b) provided approximately KRW 1.30,00 won to four customers who find the said shop; and (c) arranged the Defendant to have sexual intercourse with E employed by the Defendant.

Accordingly, the defendant committed the act of arranging sexual traffic over four times.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 19 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense (Article 19 (2) comprehensively shall be punished by imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Taking into account that there is no record of punishment of imprisonment without prison labor or more);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (A) of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (A) provides that the defendant, according to the police statement with regard to E, paid 70,000 won out of the money received from customers to a female sexual traffic, is recognized, and thus deducted the remaining amount. (130,000 won - 70,000 won) x 5 x 5 x the defendant is considered as an aggravated sentencing factors in consideration of the fact that the defendant committed the crime of this case in addition to this case, even