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(영문) 청주지방법원 2018.02.08 2017고단1631

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendants shall be punished by imprisonment for four months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who actually operates the 'Eama treatment establishment' in Cheongju-si Office D, and Defendant B is a business operator in the name of the 'Eama treatment establishment' in the name of the above 'Eama treatment establishment' as a massage with visual disabilities.

1. From November 2016 to March 16, 2017, Defendant A employed F, etc. as female employees from the above “Eama treatment place”, had the said female employees engage in sexual intercourse with the unspecified number of male customers, and in return, received KRW 170,000 to 180,000 from 170 to 180,000 in compensation, and 57,000 won in compensation for such act as a broker for commercial sex acts.

2. Defendant B, who was aware of the fact that he/she arranged sexual traffic with the business by “E” as set forth in the foregoing paragraph (1), was aware of the fact that he/she had been engaged in sexual traffic at the place from November 201 to March 16, 2017, the Defendant was entitled to KRW 23,000 per person who performed his/her work as a massage in the said place. The Defendant registered the massage place in the name of the person with a visual disability with the said place in the name of the said person and used it to facilitate the crime of A by lending it to the said person.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

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

1. A report on internal investigation (e.g. and on-site conditions);

1. Police seizure records;

1. A report on internal investigation (related to attaching registration certificates);

1. Application of Acts and subordinate statutes to a report on investigation (based on calculation of an additional collection charge);

1. Defendant A who commits a crime: Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts (elections by imprisonment): Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts, Article 32 of the Criminal Act;

1. Reduction of punishment (Defendant B) (Article 32(2) and Article 55(1)3 of the Criminal Act

1. Article 62(1) of the Criminal Act, which provides a suspended sentence (the Defendants)

1. Article 48 (1) of the Criminal Act (Defendant A) of the Confiscation Act;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act are against all the Defendants.