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(영문) 대구지방법원 서부지원 2017.04.14 2016고단2778

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

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

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A is a business owner who operates "D" in the Daegu Western-gu C2th floor, and Defendant B is an employee of the said sexual traffic business establishment.

1. From the end of July 2016 to August 26, 2016, Defendant A employed employees B, sexual traffic women E, and F, etc. from the end of the said “D” to the end of August 26, 2016, Defendant A received 180,000 won from many unspecified male customers who found the said place as the price for sexual traffic and had them sexual intercourse with the said women, and 10,000 won out of the said price for sexual traffic to the said women, and arranged for sexual traffic by the Defendant’s acquisition.

2. Defendant B, while engaging in the business of arranging sexual traffic as above, at the same time, at a place as set forth in paragraph (1), and at the same time and place as set forth in paragraph (1), Defendant B, despite being aware that the said “D” is a sexual traffic business establishment, had the business owner receive KRW 1.2 million per month from the business owner A, and had the business owner work as an employee, and had the business to facilitate the business of arranging sexual traffic of A by performing cleaning, management

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. A protocol concerning the interrogation of each police suspect against F and E;

1. Application of Acts and subordinate statutes to output the details of credit card terminals (on-day output);

1. Defendant A of the relevant criminal facts: Article 19(2)1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic; Article 19(2)1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic; Article 19(2)1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic; Article 32 of the Criminal Act; Selection of fines;

1. Defendant B who is mitigated: Article 32(2) and Article 55(1)6 of the Criminal Act;

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

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant A: Article 25 of the Act on the Punishment of Acts, such as Arranging sexual traffic;

1. Defendant B: Defendant A with the reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”)