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(영문) 서울동부지방법원 2015.04.09 2015고단414

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of four million won.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

1. Defendant A is a business owner operating sexual traffic establishments under the trade name, Gangdong-gu Seoul Metropolitan Government 1st floor “E”.

On November 11, 2014, the Defendant received 40,000 won from male customers, such as F and G, etc., who found out the place in the above E, and had female employees H and I stimulate the sexual organ of male customers by hand.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. No person who Defendant B shall engage in massage for profit, unless he/she is accredited as a inseminator;

Nevertheless, at around November 21, 2014, the Defendant, without obtaining the recognition of a Madice’s qualification, took care of trees, etc. against the J of the guest J, who found him from the first floor “E” of Gangdong-gu Seoul Metropolitan Government D, by taking care of the said trees, etc. as his hand.

Accordingly, the defendant did not obtain the recognition of Marine and got a massage for profit.

Summary of Evidence

[Defendant A]

1. Defendant A’s legal statement

1. Each police suspect interrogation protocol of H, F, I, and G;

1. Each statement of H, F, I, and G;

1. Photographs (Defendant B);

1. Defendant B’s legal statement

1. The suspect interrogation protocol of the defendant A by the police;

1. Application of Acts and subordinate statutes of J;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Defendant A who choose to punish imprisonment: Articles 88 and 82 (1) of the Medical Service Act, and the choice of fines;

1. Defendant B of detention 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 of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Defendant A

(a) The basic area (six months to one year and four months) of the sentencing criteria [the scope of recommendations] and the basic area (one year and four months) of the types of sexual traffic crimes subject to 19 years of age or older, including brokerage, etc. of sexual traffic;

B. Defendant A’s mistake in the sentence.