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(영문) 의정부지방법원 고양지원 2018.02.23 2017고단2981

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, between two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B On July 20, 2017, the Seoul Northern District Court sentenced imprisonment with labor for one year for a violation of the Act on the Punishment of Acts, such as Intermediating, etc. of Commercial Sex Acts (mediation, etc. of Commercial Sex Acts), and the judgment was finalized on July 28, 2017.

1. Defendant A: (a) was a person operating a place of sexual traffic in the territory of Pakistan (hereinafter referred to as “F”) 26; (b) was employed from May 2, 2017 to June 5, 2017 as an employee from around G (36 years old), H (37 years old); and (c) had an unspecified number of male customers who find a place of sexual intercourse with other unspecified customers, and (d) had them do sexual intercourse with each other under the pretext of a large scale of customers by receiving KRW 100,000 per customer and distributing it to employees and 1:1.

2. Defendant B, who is the owner of the above building No. F26, was aware of the fact that A had engaged in commercial sex acts in the pertinent building as seen above at the above date, time, and place, and provided A with the said building to arrange commercial sex acts.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of G and H;

1. On-site photographs;

1. Investigation report (report on confirmation of the owner of a building);

1. Previous records: (B) results of inquiry, a criminal investigation report (Attachment to the judgments of the same kind which have become final and conclusive as the suspect B), and application of Acts and subordinate statutes to criminal investigation reports (suspect B, Article 39 of the Criminal Act, and confirmation of concurrent crimes);

1. Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts: Defendant B: Article 19(1)1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts (generally, the choice of imprisonment);

1. Defendant B who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A: Reasons for sentencing after Article 25 of the Act on the Punishment of Acts, Including Arranging Sexual Traffic;

1. The scope of the recommended punishment according to the sentencing guidelines (Defendant A) is set forth in Defendant B.