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(영문) 의정부지방법원 2016.04.22 2015고단4386

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 July 16, 2015, the Defendant, in violation of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic (such as brokerage, etc. of sexual traffic), committed an act of arranging sexual traffic, etc. by having an employee of sexual traffic do a similar sexual intercourse by having an employee of sexual traffic take 80,00 won in cash from many unspecified male customers who have established five rooms with a simple intrusion, and find the place.

2. From April 27, 2015 to July 20, 2015, the Defendant, in violation of the Act on the Punishment, etc. of Acts, including brokerage, etc. of sexual traffic (sexual traffic) committed sexual intercourse with a similar sexual intercourse that amounts to KRW 80,000,00 in cash from male customers who found the place, in his/her hand, in his/her sexual intercourse with a man, or committed sexual intercourse with a person who directly receives KRW 100,00 in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement made by the police for E;

1. A report on internal investigation:

1. Application of card details, business registration certificate, real estate lease contract, and field photograph Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts of Arranging, etc. of elective sexual traffic (the point of arranging sexual traffic), Article 21(1) of the Act on the Punishment of Acts of Arranging, etc. of sexual traffic (the point of arranging sexual traffic), and the choice of imprisonment with 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. Whether a judgment on whether to impose additional collection under Article 62(1) of the Criminal Act is subject to forfeiture and collection, and the recognition of the amount of additional collection, etc., are not related to the elements for establishing a crime, and thus, it is unnecessary to prove it by evidence. However, if it is impossible to specify the criminal proceeds subject to forfeiture and collection, it is inevitable to collect additional collection (see Supreme Court Decision 2008Do1392, Jun. 26, 2008, etc.).