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(영문) 부산지방법원 2014.09.17 2014고단5789

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

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A defendant shall be punished by imprisonment for not less than eight 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

The Defendant operated “D” on the first floor of Busan East-gu C underground.

1. A violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) provided guidance to a person subject to sexual traffic by guiding a male employee E, who had found the above business place, to receive money from a male employee E who had employed by the defendant, about 18:00 on June 12, 2014, while arranging the act of similarity in the method of leading the female employee E to an assessment of sexual intercourse with his/her entrance and hand, or sexual intercourse with him/her.

In addition, the Defendant engaged in the act of arranging sexual traffic for business from around that time to around the 26th of the same month.

2. The Defendant violated the School Health Act, like the preceding paragraph, operated the “D”, which is a facility harmful to juveniles, within the school environmental sanitation and cleanup zone located within 200 meters from the boundary line of the “Sstige Elementary School” located within the Dong-dong 303, Dong-dong, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Report on detection of violation places of business, report on control of public morals places of business, and notification of violations thereof; and

1. On-site photographs;

1. Application of Acts and subordinate statutes concerning location guidance drawings in the commercial cleanup zone;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Articles 19 and 6 (1) of the former School Health Act (Amended by Act No. 12131, Dec. 30, 2013); Articles 19 and 6 (1) of the former School Health Act; and choice of imprisonment with labor

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;

1. Although the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has been three times a fine for the same kind of crime, it is necessary to punish the defendant in light of the fact that he/she again commits the instant crime, and that he/she runs another business again after the control.