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(영문) 의정부지방법원 2018.06.28 2017고정1091

성매매알선등행위의처벌에관한법률위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On November 21, 2016, around 20:44, the Defendant arranged commercial sex acts by allowing the Defendant to receive KRW 200,000 from E, who had been a customer, to enter into a sexual intercourse with F, a entertainment loan, and to enter into a sexual intercourse with F, from E, who had been a customer in both weeks.

Summary of Evidence

1. Legal statement of witness E;

1. The CD (the Defendant asserted that there was only the fact that the employee F and E of the instant business establishment drink together with the employee F of the instant business establishment, and that there was no arrangement for sexual traffic to E.

However, according to the evidence duly adopted and examined by this court, it is recognized that the defendant requested the business establishment in this case to arrange sexual intercourses with women, and the defendant responded to this request and received KRW 200,000 from E under the pretext of dialogues between the defendant, E, E, and F (in full view of the conversations between the defendant, and the defendant at the time of this case, it can be deemed that the defendant received the price in consideration of sexual intercourses between E and F upon the demand of E). There is a circumstance that the defendant did not comply with the continuous demand of E in the course of mediating sexual traffic.

Even if such circumstance affects the establishment of a crime of violating the Punishment Act, such as arranging sexual traffic in this case, it is difficult to view that such circumstance affects the establishment itself.

Application of Statutes

1. Article 19 (1) 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. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

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