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(영문) 서울북부지방법원 2019.10.11 2019고단2548
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the owner of the business of the Jung-gu Seoul Central Government Building B and the Mar Marba business located on the ground floor.

1. On February 26, 2019, the Defendant: (a) around 20:40, the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) provided that the said “C” marina business establishment receives KRW 100,00 from D, a customer, and had E, who is female employees, neglect sexual intercourse, etc.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. No person who violates the Educational Environment Protection Act shall operate a business establishment banned from access by or employment of juveniles under the Juvenile Protection Act in an educational environment protection area which is an area within 200 meters in a straight line from the boundary of a school or a planned school site;

Nevertheless, from October 2018 to February 26, 2019, the Defendant, at the above “C” marina business located in the educational environment protection zone, operated a marina business providing services where the physical contact between unspecified persons or exposure to the sealed parts, etc. is likely to occur or other similar acts are likely to occur.

Summary of Evidence

1. The application of the defendant's legal statement D, the protocol of search and seizure of each written statement of the police interrogation of E, the protocol of search and seizure of seized articles, the application of the Acts and subordinate statutes governing the school environment protection zone of seized articles;

1. The punishment of acts of arranging sexual traffic under Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense, Articles 16 (1) and 9 subparagraph 13 of the Act on the Protection of Educational Environment (the operation of places of business prohibited within an educational environment protection zone) and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic.

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