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(영문) 대구지방법원 경주지원 2016.10.26 2016고단448

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 70,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A은 2014. 4.경부터 경주 C에서 “D”이라는 상호로 쑥찜방을 운영하는 사람이고, 피고인 B은 피고인 A의 친동생으로 2016. 4. 18.경부터 위 D에서 종업원으로 근무한 사람이다.

1. Defendant A

A. On April 19, 2016, the Defendant received 100,000 won from the male in the latter half of 40 who visited the said place on April 19, 2016, from the male in the name of the latter half of 40,000 won, and let B, an employee of the said place, provide a place of sexual traffic with the said male in a single sexual intercourse;

B. On April 20, 2016, the Defendant continued to receive KRW 80,00,000 from a man on his name, who visited the said place in the above D, and had B sexual intercourse with that man, and provided a place for sexual traffic.

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

2. Defendant B

A. Paragraph (1)

(a) engaging in commercial sex acts after having sexual intercourse with a man in the name of 40 latter half of whom A arranged at the time and place of entry, and receiving the consideration therefor;

B. Paragraph 1 continuously applies to the Defendant

B. A, at the time and place of entry, had sexual intercourses with men on the name of a man and sexual intercourse arranged by A, and had been engaged in sexual traffic at the price of the sexual intercourse.

Summary of Evidence

1. Defendants’ legal statement

1. Application of the seizure list, the seized registered red sea photograph, and field photograph Acts and subordinate statutes;

1. Relevant Articles of the Act on the Punishment of Acts of Arranging Sexual Traffic and A: Defendant B under Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic: Article 21 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

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

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A: Article 48 (1) 1 of the Criminal Act;

1. Defendant A: Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Defendant B of the provisional payment order: Article 334 of the Criminal Procedure Act