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(영문) 서울북부지방법원 2020.08.13 2019고단2348

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person who operates an entertainment drinking house with the trade name “C” in Speaker-si B.

From the end of November 2016 to the end of December 2017, the Defendant employed D as female employees, sold alcoholic beverages to male descendants on the name of the said D, and had D contact with him, and if the said male grandchildren wished to engage in sexual traffic, etc., the Defendant paid KRW 200,000 to the price for sexual traffic, and caused the said D to do the act of similarity, such as having the male grandchildren do sexual intercourse with their descendants, or having them do the sexual intercourse with their grandchildren, by disregarding their descendants’ sexual intercourse with their descendants.

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

Summary of Evidence

Witness

D Legal Statements

1. The second written statement of the suspect interrogation protocol (D parts) No. 2 of the police against the defendant, each police officer's statement of the defendant D and E;

1. The structure and drawings of the relevant business establishment, photographs of the relevant business establishment, details of account transactions, and C-related mobile phone records;

1. Communication confirmation data;

1. Application of Acts and subordinate statutes to the F Bank of the results of submission of financial transaction information;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Imprisonment with labor concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Judgment on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act

1. The alleged defendant did not have arranged sexual traffic for business purposes, such as having female employees D perform similar intercourses, while operating C.

2. In full view of the following circumstances revealed by the evidence duly adopted and investigated by this court, the fact that the defendant arranged sexual traffic of D for business purposes can be sufficiently recognized.

Therefore, the defendant and his defense counsel's above assertion is not accepted.

D The opportunity from the investigative agency to this court to work at the defendant's office.