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(영문) 수원지방법원 2017.06.08 2017고단1865

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 4,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. The Defendant: (a) around November 201, 2016, from around 1, 2016 to December 15:00, 2016, the Defendant: (b) posted a commercial sex acts advertisement advertisement to the “F”, which is a website; (c) posted a commercial sex act advertisement to the “F,” etc. in the number of stories D apartment units C, which are parked in B; and (d) sent a nameless male customers at the Internet site, issued KRW 80,00 to KRW 140,00 as the price for the commercial sex acts; and (e) arranged commercial sex acts by allowing them to have a commercial sex relationship with E by having them inside the said officetel’s room.

2. Defendant B, despite being aware of the fact that the above Defendant B was trying to act as a broker for commercial sex acts, he received KRW 1 million from A and made it possible for Defendant B to use the above officetels to place for commercial sex acts, thereby making it easier to commit the crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. A protocol of interrogation of each police officer in relation to E or G;

1. G statements;

1. Related photographs and lease contract;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of lessor H data);

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc., Defendant A who has been punished by imprisonment: Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc., Article 32 (1) of the Criminal Act, Article 32 of the Criminal Act, the selection of fines;

1. Defendant B who is eligible for mitigation: Article 32(2) and Article 55(1)3 of the Criminal Act;

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

1. The defendant A [the scope of the recommended punishment] brokerage, etc. of sexual traffic crimes subject to 19 years of age or older, and brokerage, etc. using two types (such as brokerage, etc. of sexual traffic due to business, receipt of consideration, etc.) in the aggravated area (1 year or 3 years) [the specially aggravated person] advertisement or high radio wave.