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(영문) 서울남부지방법원 2013.12.20 2013고정2477

성매매알선등행위의처벌에관한법률위반(성매매)

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 7, 2013, at around 00:05, the Defendant: (a) entered the two main points of the above note, where: (b) the Defendant paid KRW 340,000 per hour from F to its customer, and (c) the Defendant was engaged in sexual traffic by stimulatingd the I’s sexual organ into the hands, and stimulated the I’s sexual organ into the hands, and 340,000 won.

Summary of Evidence

1. Legal statement of the witness H;

1. Partial statement of a witness I;

1. The defendant and his defense counsel in the judgment of the litigants in the police interrogation protocol against H and I. However, the defendant's sexual intercourse with I was true that the defendant did not have any physical round-up movement to raise sexual interest, and the defendant's act did not fall under the act of similarity, and even if not, the defendant's act does not fall under the act of similarity, it was done in the preliminary or attempted act without the completion of the act of similarity, and the act of arranging sexual traffic does not have any penal provision for preparation or attempted act of similarity. Thus, the defendant's act is not subject to punishment.

Considering the legislative intent of the Act on the Punishment of Acts of Arranging sexual traffic, etc. and the protection of human rights of victims of sexual traffic, and Article 2 (1) 1 (b) of the same Act, which deal with acts similar to sexual intercourse without distinction, “similar sexual intercourse” under Article 2 (1) 1 (b) of the same Act refers to the act of inserting inside the body, such as the mouth and anus, or physical contact to obtain a sexual satisfaction at least to the degree that it can be seen as similar to sexual intercourse, and whether an act constitutes a physical contact to obtain a sexual satisfaction to the extent that it can be seen as similar to sexual intercourse is the place where the act was committed.