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(영문) 창원지방법원 마산지원 2018.01.23 2017고정295

성매매알선등행위의처벌에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 29, 2016, the Defendant arranged commercial sex acts by introducing “F” to male customers who demand commercial sex acts at the “E” entertainment place in the Changwon-si, Busan Metropolitan Government’s member shop D, which is located in Changwon-si, by introducing “F” to female employees.

Summary of Evidence

1. Legal statement of the witness;

1. Application of CD’s film-related statutes;

1. Article 19 (1) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of Selective Commercial Sex Acts and Subordinate Statutes concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination on the assertion of the Defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act, which costs of lawsuit

1. The alleged defendant did not arrange sexual traffic, since he was merely a female employee for a customer and did not want to engage in sexual traffic.

Since an informant did not intend to engage in commercial sex acts and did not actually engage in commercial sex acts, the arrangement of commercial sex acts cannot be established, and even if the defendant's act was no longer involved, it cannot be viewed as an arrangement to the extent that it can be done between the parties concerned.

2. Determination

A. The "mediation of sexual traffic" under Article 19 (2) 1 of the Act on the Punishment, etc. of Acts of Arranging sexual traffic means that the parties intending to engage in sexual traffic make good offices or convenience. Thus, in order to become a brokerage of sexual traffic, the parties intending to engage in sexual traffic should not have to reach the level of actually engaging in or face-to-faced with each other, and it is sufficient that there is only an act of arranging sexual traffic to the extent that the parties intending to engage in sexual traffic can do so even if the parties intending to engage in sexual traffic do not have any involvement, even if they are linked to the parties intending to engage in sexual traffic, (see Supreme Court Decision 2004Do808, Feb. 17, 2005).