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(영문) 창원지방법원 진주지원 2017.11.30 2017고정361
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Criminal facts

The Defendant is a person who leases and substantially operates the “Durel” located in Sinnam-gun C.

No one shall arrange, solicit, induce, force, compel, or provide a place for sexual traffic, etc. to unspecified persons.

Nevertheless, on June 7, 2017, around 22:25, the Defendant arranged for engaging in sexual traffic in the above 302 room after receiving KRW 1.60,000 won for sexual traffic and providing guidance to E, at the request of the police officer controlling the entry into the above 302 room of the “Del” 302 room.

Summary of Evidence

1. Legal statement of witness F;

1. Statement made by the police for E;

1. Determination as to the defendant's assertion of E's written statement

1. The Defendant asserts the gist of the Defendant’s assertion that the instant investigation is unlawful as a type of naval investigation causing the criminal intent, and thus, the instant prosecution should be dismissed.

2. Separate from the fact that the investigation method, which simply provides an opportunity to commit a crime to a person suspected of having committed a crime or facilitates the commission of a crime, may be permitted depending on the case where the investigation agency conducted a sexual traffic offense against a person who does not have the original criminal intent by inducing the criminal's criminal intent by using tricks or schemes, etc. In addition, the prosecution based on such a naval investigation constitutes an illegal act, and the procedure of prosecution based on such a naval investigation is invalid in violation of the provisions of the Act (see Supreme Court Decision 2005Do1247, Oct. 28, 2005, etc.). According to the evidence of this case, F is a police officer belonging to the relevant police station, and F is not a police officer belonging to the Busan Cheongcheon-gun Police Station, upon receiving a request from the Busan Cheong-gun Police Station for the control of sexual traffic, and thus, it is difficult for the Defendant to control sexual traffic to enter a female woman at one female member or more, and it is difficult for the Defendant to request that a female woman at one more than five.

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