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(영문) 서울중앙지방법원 2014.06.26 2014고단2759

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has been operating a business establishment called “D” with five facilities, such as a marina room, at the second floor in Dongjak-gu Seoul Metropolitan Government.

1. On November 13, 2013, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) provided that, around 23:10 on November 13, 2013, the Defendant paid the price of sexual traffic of KRW 90,00 from E, a customer who found his place, and had F, an employee, stimulates E to stimulate E’s sexual organ by his hand, etc. In addition, the Defendant had a female employee, who had been employed by the Defendant, do an act similar to the said method from June 19, 2013 to November 28, 2013.

Accordingly, the defendant acted as a broker for sexual traffic for business purposes.

2. No person who violates the School Health Act shall perform any act or install any facilities falling under any business place which is likely to cause acts of sexual intercourse or similarity in school environmental sanitation and cleanup zone;

Nevertheless, the Defendant, at the same time and time as in the preceding paragraph, operated a commercial sex acts business establishment and arranged commercial sex acts by operating commercial sex acts at the second floor of Dongjak-gu Seoul Metropolitan Government, which is located in Dongjak-gu Seoul Metropolitan Government, with the distance of 186.38 meters from the H elementary school located in Dongjak-gu Seoul Metropolitan Government, and the distance from the I kindergarten located in the same Dong, which falls under the school environmental sanitation and cleanup zone of 175.20 meters.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Business registration certificate and map output;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment of screen pictures at the control site), screen pictures CDs, and case transmission notes;

1. Article 19 (2) 1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. concerning facts constituting an offense, Articles 19 and 6 (1) 19 of the School Health Act (Selection of Imprisonment with prison labor);

1. Article 37 of the Criminal Code among concurrent crimes.