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(영문) 수원지방법원 2017.11.24 2017고단3558

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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

The Defendant, as the actual operator of the business establishment “D” located on the 1st floor in Yongsan-si Suwon-si, the Defendant received 100,000 won from a male guest who visited the above business establishment on April 20, 2017 as the price for sexual traffic and provided guidance to the guest room and shower room, and then, the Defendant, as the sexual traffic woman E (E, China, 35 years of age, women) enter the guest room with a mixed sea.

The act of sexual intercourse with the self-employed guest was allowed.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Part of the statement of E in the police statement protocol against E;

1. Statement of the police statement related to G;

1. On-site photographs and written pictures;

1. Application of the CD-related Acts and subordinate statutes;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense and Article 19 of the Act on the Punishment of such Acts;

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

1. It is true that the act of arranging sexual traffic for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was an act of arranging sexual traffic for the reason of sentencing and undermining the sound sexual culture and good morals by commercializing the sex, and thus requires strict punishment. However, the defendant seems to have continuously and continuously engaged in sexual traffic intermediary business while operating the instant marina business, there is no criminal history, the first offender who has no criminal history, the compulsory eviction order or the renewal of status of stay can be denied if a fine is imposed, taking into account the favorable circumstances, such as the fact that the defendant's act of arranging sexual traffic for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is likely to result in excessive harsh treatment to the defendant. In addition, the punishment like the order shall be imposed by comprehensively taking into account all the circumstances indicated in the argument of this case, such as business period, size and type of business related to the crime of this case, the number of female workers engaged in sexual traffic, and profits earned from sexual traffic intermediary business.