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(영문) 제주지방법원 2016.02.03 2015고단1632

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On October 21, 2015, Defendant A, on the second floor of the building in Seopo-si, Seopopopoposi, equipped with a room equipped with beds and shower rooms, etc., and carried out a marina business in the trade name of "E", Defendant A, a business of arranging sexual traffic by having many and unspecified male customers receive cash of KRW 1.20,00 won from the price for sexual traffic and give cash of KRW 60,00 to F who is engaged in sexual traffic, and allowing them to do the said male customers and sexual intercourse.

2. Although Defendant B, as the owner of the third floor building in the above Seopo-si, Defendant B was aware in advance that he operated a sexual traffic business establishment on the second floor of the above building and controlled by the act of arranging sexual traffic, Defendant B provided the above building with the said building to continue to operate sexual traffic business establishments at the same place on October 21, 2015.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning G and F;

1. A business registration certificate, a statement of sales, and a real estate lease contract;

1. Building ledgers, notices, and domestic inquiries;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 19(2)1 of the Act on the Punishment of Acts, such as Mediation, etc. of Commercial Sex Acts, and selection of imprisonment;

B. Defendant B: Article 19(1)1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts, and Selection of fines

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A who provides community service or attend lectures: Article 62-2 of the Criminal Act;

1. Defendant B’s order of provisional payment: The sentencing range on the sentencing guidelines for Defendant A on the grounds of the sentencing of Article 334(1) of the Criminal Procedure Act (the sentencing crime group, commercial sex crimes subject to age 19 or older, commercial sex crimes subject to age 19 or older, mediation of commercial sex acts, etc.), two types (such as brokerage of commercial sex acts by giving and receiving business fees), basic areas, six months to one year and four months), and the following circumstances are considered as the disposition.