beta
(영문) 서울중앙지방법원 2017.08.24 2017고단2337

성매매알선등행위의처벌에관한법률위반(성매매)등

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 18, 2016, the Defendant violated the Act on the Punishment, etc. of Acts of Arranging sexual traffic (sexual traffic) received KRW 1,50,000 from E from 303 of the D hotel in permanent residence C at around 03:30 on November 18, 2016 and added E’s sexual organ into the Defendant’s resistance.

Accordingly, the defendant committed sexual traffic.

2. On November 18, 2016, at the same place as indicated in paragraph (1) around 04:00, the Defendant, at the same time as indicated in paragraph (1) of the Narcotics Control Act, had the above E injection (one philopon; hereinafter “philopon”) put in a one-time injection machine, which is a local mental medicine, and dilution into the Defendant’s arms, and then had the E inject the philopon into the Defendant’s arms. On the same day, at the same place, at around 04:20 on the same day, the Defendant injected the philopon into the Defendant’s arms.

Accordingly, even though the defendant is not a narcotics handler, he administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A written appraisal of each drug;

1. The pictures and account statements of the Messenger;

1. Report on investigation (Calculation of Additional Imposition Charges) applying Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 21 (1) of the Act on the Control of Narcotics, Etc. under the relevant Act on the Punishment of Acts, Etc. concerning criminal facts (the occupation of sexual traffic and the choice of imprisonment with prison labor), and Article 21 (1) of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts (the occupation of commercial sex acts and the selection of imprisonment with prison labor);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. There is no history of punishment except that the defendant for sentencing under the proviso to Article 67 of the Act on the Management of Narcotics, Etc. has been punished twice by a fine due to a violation of the Act on the Establishment of Local Reserve Forces;

The defendant appears to have been administered first by the solicitation of the other party to sexual traffic, and immediately after that, he could notify the police of the administration.

All of the facts charged of this case are recognized and reflected in depth.