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(영문) 수원지방법원 성남지원 2017.04.14 2016고단3958

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

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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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Punishment, etc. of Acts of Arranging sexual traffic (such as brokerage, etc. of sexual traffic) (hereinafter “D”), from June 30, 2015 to July 1, 2016, the Defendant: (a) installed 6 rooms, shower facilities, etc. in the “D”; (b) operated sexual traffic establishments; (c) paid 80,00 won to male customers in return for sexual traffic by receiving 80,000 to 10,000 won from the male customers who found the said establishments; and (d) obtained profits of 2,94,000 won in total by causing circumstances to stimulate the sexual organ of the said male customers by hand.

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

2. No person who violates the Medical Service Act shall engage in massage for profit without obtaining the recognition of qualifications for massage from the Mayor/Do Governor;

Nevertheless, the Defendant employed F, who did not obtain recognition of the qualification as a massage, and, from June 28, 2016 to July 1, 2016, sent 80,000 won to customers who found the said establishment at the place specified in paragraph 1 from around June 28, 2016, and provided them with the frying of the skin, such as the shoulder and the shoulder of customers, and frighted with the fright or frighting of the fright.

In this respect, the defendant did not obtain recognition of qualifications for massages, but got massage for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. A suspect interrogation protocol for E or A;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Application of Acts and subordinate statutes to on-site photographs and investigation reports (the details of sales by credit cards and submission of certificates of business closure);

1. Relevant legal provisions concerning facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic (the act of mediating commercial sex acts for the purpose of business), Articles 88, 82(1), and 30 of the former Medical Service Act (Amended by Act No. 14438, Dec. 20, 2016); and each choice of imprisonment, respectively,

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Suspension of execution;