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(영문) 수원지방법원 2014.11.26 2014고단5736

학교보건법위반등

Text

A defendant shall be punished by imprisonment for six months.

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 a sexual traffic business establishment under the trade name of “Dmaz” in Suwon-si, Suwon-si C underground.

1. No person who violates the School Health Act shall engage in any act or install any facility for a business establishment providing services that engage in physical contacts, exposure to confidential parts, etc. between unspecified persons or that are likely to commit any act similar thereto within the school environmental sanitation and cleanup zone;

Nevertheless, from August 25, 2014 to August 28, 2014, the Defendant: (a) installed the instant “Dmaz”; and (b) installed a betting room in the locker room; and (c) performed commercial sex acts against unspecified customers; and (d) performed commercial sex acts in the school environmental sanitation and cleanup zone.

2. The accused who violates the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.;

(a) On August 25, 2014, a person receives 80,00 won in return for a male guest who is unable to know his/her name at the same place, and engages in sexual intercourse once with him/her, and engages in sexual intercourse;

B. On August 26, 2014, at the same place, a male guest who cannot know his/her name in the same manner as the above “A” was sexual intercourse with a male guest and engaged in sexual intercourse once.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant provisions of relevant Acts concerning criminal facts, Articles 19 (2) and 6 (1) 19 of the School Health Act (including where a person provides sexual services within the school environmental sanitation and cleanup zone) and Article 21 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of the accused, the period of business in this case, the records of punishment, etc.);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;