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(영문) 수원지방법원 안산지원 2016.02.02 2015고정1592

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Punishment, etc. of Arrangement, etc. of Commercial Sex Acts (such as brokerage, etc. of commercial sex acts) (the Defendant is a person who operates a commercial sex acts establishment with the facilities such as shower rooms and seven security rooms in approximately 40 square meters in Silung-si and four CCTVs, etc. (D).

In spite of the fact that anyone is prohibited from engaging in the act of arranging sexual traffic for business purposes, the defendant, at around 21:00 on June 10, 2015, arranged sexual traffic by allowing E, a person engaged in sexual traffic, to receive KRW 100,000 per person from a customer who enters the same place of business.

2. A person in violation of the School Health Act is prohibited from engaging in any business activity publicly notified by the head of a female family in a school environment sanitation and cleanup zone. However, the Defendant operated the F High School around June 10, 2015 and the aforesaid “D” located within 100 meters from the F High School on June 10, 2015, and arranged commercial sex acts.

Summary of Evidence

1. Statement by the defendant in court;

1. G and a written statement of A;

1. A criminal investigation report (a counter investigation of the professional state H);

1. Investigation report (investigation, etc. of sublease relationship);

1. A copy of a real estate lease agreement;

1. Application of statutes governing field control photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic (the occupation of the brokerage business), Articles 19 (2) and 6 (1) of the School Health Act (the occupation of prohibited acts in school environment sanitation and cleanup zone), and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.