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(영문) 대전지방법원 2019.01.31 2018고단3319

성매매알선등행위의처벌에관한법률위반(성매매)

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant received a proposal to engage in sexual traffic from “B”, which he/she became aware of through “B” display, and accepted it as well.

1. On August 2018, the Defendant, who committed a crime in a passenger car, sent C to a golf course near the Daejeon-dong, Daejeon-gu, Daejeon-gu, to the parking lot near the Daejeon-gu, Daejeon-gu, Daejeon-gu, to a passenger car.

After parking the said car at that place, the Defendant paid 300,000 won to C as the price for sexual traffic, and performed one-time sexual intercourse with C in the car.

Accordingly, the defendant committed sexual traffic.

2. The Defendant committed the crime at the unmanned telecom, following the date and time set forth in paragraph 1 above, went to the mutual infinite telecom in Daejeon-dong, Daejeon-gu, Daejeon-gu, where he met C, or Defendant’s driver’s car was on the roads adjacent to the Jung-gu, Daejeon-gu, Daejeon-gu.

The defendant paid 300,000 won to C as the price for commercial sex acts at that place, and then he committed a single sexual intercourse with C.

Accordingly, the defendant committed sexual traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Application of the investigation report (related to photographs), investigation report (date, time, frequency, and specified-related Acts and subordinate statutes);

1. Article 21 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Considerations such as the confession of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the order of provisional payment is contrary to the confession of the reason for sentencing, the first offense that has no record of criminal punishment, and the prevention of recurrence