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(영문) 창원지방법원 2017.11.16 2017고단3412

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

A defendant shall be punished by imprisonment for six months.

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. From August 9, 2017 to February 25, 2017, the Defendant violated the Act on the Punishment of Acts, Including Arrangement, etc. of Commercial Sex Acts (i.e., brokerage, etc. of commercial sex acts) installed the Defendant’s “Dma area” in the Defendant’s operation on the Madro C, 5th level, and installed a marina, shower room, and waiting room for female employees, and employed female employees, such as E of Chinese nationality, F, etc., by having the said female employees find the said place of business, receive 110,000 to 130,000 won from many unspecified male customers who had found the said place of business.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

2. The owner or employee of a business establishment harmful to juveniles in violation of the Juvenile Protection Act shall indicate on his/her business establishment the contents that limits the access and employment of juveniles;

Nevertheless, the Defendant, at the time and place specified in Paragraph 1, did not indicate any content that restricts juveniles’ access and employment, while engaging in a business that provides services that are likely to engage in physical contacts, sexual exposure between unspecified persons, exposure to a sealed part, etc., or that are likely to engage in any similar conduct, such as arranging sexual traffic.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement F of the suspect interrogation protocol to the prosecutor's office, photographic records of seizure protocol to E

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (the occupation of engaging in the business of arranging sexual traffic), Article 59 subparagraph 9 of the Juvenile Protection Act and Article 29 (6) of the same Act (the occupation of failing to place restrictions on access by and employment of juveniles);

2. Selection of penalty penalty:

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Article 62 (1) of the Criminal Act on the stay of execution. (Taking into account the fact that there is no criminal record of the same criminal record or of the suspended execution or any other criminal record

5. Article 62-2 of the Criminal Act on the observation of protection;

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

7. Punishment of acts, such as arranging sexual traffic.