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(영문) 부산지방법원 서부지원 2020.01.09 2019고정719

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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

The defendant is the owner of an entertainment drinking house with the trade name "C" in Busan Seo-gu B, and D is the employee of the above entertainment drinking house.

On January 15, 2019, the Defendant conspired with D on January 22 and 28, 2019, in collusion, received 200,000 won as the price for commercial sex acts in addition to the drinking value from E who was a guest, and assisted E to engage in commercial sex acts in sexual intercourse with the Women F of Commercial Sex Acts (G) and the neighboring atmosphere.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol regarding D;

1. Statement made by the police of the F;

1. A E-document;

1. Credit card sales slips, etc. [Defendant's defense counsel shall not be deemed to fall under the act of arranging sexual traffic only when arranging sexual traffic on the premise of a person who actually has an intention to engage in sexual traffic and thus cannot be punished as the act of arranging sexual traffic. However, Article 19 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic provides that a person who acts of arranging sexual traffic shall be punished. Article 2 (1) 2 of the same Act provides that "act of arranging sexual traffic, etc." is defined as "act of arranging, soliciting, inducing, or coercing sexual traffic". Considering the contents of the above language and text and purpose of legislation to eradicate sexual traffic and protect the human rights of the victims of sexual traffic, the act of arranging sexual traffic, which is punished under each of the above provisions, cannot be deemed to fall under the case where the act of arranging sexual traffic is arranged on

1. Article 19 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, and Article 30 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;