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(영문) 수원지방법원 2018.01.11 2017고단1809

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant shall be punished by imprisonment for four months and by a fine for 10,000,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates a sexual traffic business establishment under the trade name of “D” on the fourth floor of the building in Osan-si.

From the end of January 2017 to May 8 of the same year, the Defendant provided guidance on the time of sexual traffic, the sex trafficking women, and the place of sexual traffic to find out to the above place, and then received KRW 120,000 won from the price of sexual traffic, and then arranged sexual traffic by inducing the E, F, etc. of the Chinese nationality of the sexual traffic to stimulate the sexual organ of the male sex purchase to the loss and suffering from the sexual organ of the sex purchase.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution against the defendant;

1. A written statement;

1. A report on internal investigation (e.g., details of enforcement, field conditions, etc.);

1. Each photograph;

1. Inquiries about facts (the defendant and his/her defense counsel did not engage in commercial sex acts in March and April 2017 during the above period;

The argument is asserted.

However, the circumstances revealed by the aforementioned evidence, ① the Defendant, after the first crackdown on February 28, 2017, was conducted on March 22, 2017, was in order to close the door without operating the business at the said establishment.

According to the factual inquiry reply, (2) there is no big difference between the volume of electricity used or the volume of water used in March and April 2017 and the previous month; and (3) the Defendant continued to engage in marina business in March and April 2017 after the inquiry into the above facts, and did not arrange sexual traffic.

The statement was reversed: (a) CCTV was installed at the time of the second crackdown on May 8, 2017; (b) the lighting or structure was maintained as it is; and (c) according to the F’s statement, the F’s statement clearly stated that the customer “proponed” would be 40 minutes upon the string of 40 minutes, and that the customer would be able to carry-out a hand-on device that ends up after the string of sexual intercourse; (c) the Defendant did not first engage in sexual traffic conduct; and (d) the Defendant prepared a written statement at the time of the second crackdown or was investigated by the police.