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(영문) 대전지방법원 천안지원 2016.05.12 2016고단391 (1)
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From July 22, 2015 to August 2, 2015, the Defendant: (a) knew that D’s business operation, an owner of Asan City, B Studio 305 and 304, and Cudio 305 and 405, had customers contact and prepare for the sexual traffic female employees, and (b) prevented the Defendant from committing the crime by receiving allowances of KRW 10,000 out of the amount of sexual traffic once.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning D concerning the suspect examination protocol of the prosecution;

1. Each statement in the police interrogation protocol against E, F, G, H, A, I, and J;

1. Each description of the investigation report (verification of lease agreement relationship), investigation report (verification of suspect D's family relation certificate), investigation report (K representative L and suspect D's text);

1. Description of the results of digital evidence analysis;

1. Application of statutes on images of on-site photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for a crime, Article 32 (1) of the Criminal Act concerning criminal facts, and Article 32 of the Criminal Act concerning the punishment;

1. Article 32 (2) and Article 55 (1) 6 (Accessories) of the Criminal Act mitigated by Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The latter part of Article 25 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc. (Investigation Records No. 963, 1068, 1139, 1140, 1168);

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant received money from D and aided and abetted a large number of sexual traffic; (b) the Defendant had the record of being sentenced to a fine once for the same kind of crime in around 2012; and (c) the Defendant has no record of criminal punishment except for a fine imposed once as above; and (d) the Defendant is aware of all of the crimes and reflects the Defendant’s age, sexual behavior, environment, etc.; and (c) the sentence is determined as ordered in consideration of various sentencing conditions indicated in the instant argument,

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