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(영문) 서울동부지방법원 2016.11.04 2016고단2937

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A Imprisonment for eight months, Defendant X shall be punished by a fine of 1,00,000 won.

Defendant

X is the above fine.

Reasons

Punishment of the crime

1. Defendant A

A. From December 2015 to January 6, 2016, the Defendant: (a) operated AAA 1313 between around December 2015 to January 6, 2016; (b) employed sexual traffic women X, etc.; and (c) received KRW 90,30,00 from each of the unspecified male descendants; and (d) assisted sexual traffic by having the said X, etc. do the similar act, such as having the sexual organ of the male son’s hand, and having him/her look into the sexual organ of the male son; and (e) arranging sexual traffic.

B. From April 2, 2016 to April 21, 2016, the Defendant: (a) from around April 2, 2016 to around December 21, 2016, up to around April 21, 2016, employed a female sexual traffic, AB, AC, and AD, a sexual traffic business entity, operating a sexual traffic business entity; and (b) received KRW 70,00 from a female sexual grandchild, and had the said female sexual traffic conduct sexual intercourse with his/her male grandchild, thereby arranging sexual traffic.

2. On January 6, 2016, Defendant X: (a) received KRW 130,00 from AE as a price for commercial sex acts; and (b) committed commercial sex acts by stimulating the sexual organ of AE into his/her hand and her hand, and by inducing the situation.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of Defendant A by the prosecution;

1. Each police interrogation protocol of the defendant X, AE, AB,C, and AD;

1. Application of Acts and subordinate statutes to investigation reports (including related to attaching a copy of a real estate lease agreement of a suspect A, accompanied documents);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the choice of imprisonment with labor;

B. Defendant X: Article 21(1) of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.; Article 21(1) of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.; although a fine has been imposed for the same kind of crime, the Defendant’s confessions and reflects the crime; and the benefits derived from the crime of this case