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(영문) 창원지방법원 2017.08.31 2017고단1708

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

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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 November 2016 to March 21, 2017, the Defendant, in violation of the Act on the Punishment of Arrangement, etc. of Commercial Sex Acts (i.e., brokerage, etc. of commercial sex acts), was operating the first floor of the building located in Kimhae-si B from around November 2016 to around March 21, 2017, employed a commercial sex trafficking business establishment, such as "C" and decided to receive KRW 80,00 from male customers who are sexual sex traffickings one time as the price for commercial sex acts, and had the said D perform the act of similarity with male customers or sexual intercourse with them.

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

2. The defendant in violation of the Educational Environment Protection Act shall not operate a business that provides services that result in physical contacts between unspecified persons, exposure to a sealed part, etc., or that are likely to result in any other similar activity, within an educational environment protection zone;

Nevertheless, the Defendant installed five smuggling at the above C establishments located in the educational environment protection zone within the radius of not more than 200 meters in a radius of 200 meters at the F kindergarten located in the city of Kim-si, Kim Jong-si, such as paragraph (1), and arranged sexual traffic, such as paragraph (1).

Summary of Evidence

The application of Acts and subordinate statutes to report on the scene photo (in the case of educational environment protection zone) by the defendant's legal statement D

1. Relevant legal provisions concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Acts, such as Arranging Sexual Traffic (the occupation of engaging in the sexual traffic brokerage business), Articles 16 (1) and 19 (13) of the Act on the Protection of Educational Environment (the occupation of prohibited acts inside the educational environment protection zone) of the Act on the Protection of Educational Environment, and the choice of imprisonment;

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

3. Article 62 (1) of the Criminal Act (including the fact that there is no criminal conviction or heavier for the suspension of execution, and that there is a penance);

4. Protection and observation and community service order under Article 62-2 of the Criminal Act;