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(영문) 수원지방법원 성남지원 2014.03.26 2014고단347

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 1,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who operates E (similar act establishment) in the underground floor of the D Building in Seongbuk-gu, Sungnam-si, and Defendant B is a person who works as an employee at the above business establishment.

1. At around 20:40 on June 21, 2013, Defendant A received 35,000 won from customers F from the above business establishment, and arranged a female female G to catch and scam the F’s sexual organ in his/her hand, and made it possible for Defendant A to enter the said business establishment, as well as making profits equivalent to approximately KRW 1,40,00 from unspecified male customers from around June 3, 2013 to June 20:40.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. On June 21, 2013, Defendant B received 35,000 won from the F, who was a guest, to assist in the act of arranging sexual traffic of the said A at the said establishment, and provided guidance to the room, etc. to facilitate the crime, thereby aiding and abetting the act of arranging sexual traffic of the said A.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect concerning Defendant H by the prosecution;

1. A protocol concerning the examination of suspect with respect to F or G;

1. Police seizure records;

1. Each report on investigation;

1. Application of each statute on photographs;

1. Relevant Articles of the Act on the Punishment of Acts of Arranging Sexual Traffic and A: Defendant B of Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (Selection of Fine): Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, and Article 32 of the Criminal Act;

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

1. The collection of a surcharge under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., which is set forth in Article 48(1)1 of the Criminal Act, Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., intends to deprive the offender of unlawful profits in order to eradicate the act of arranging sexual traffic, etc. Thus, the scope of the collection of the surcharge is limited to the profits actually acquired by the offender.