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(영문) 창원지방법원 통영지원 2017.09.29 2017고단526
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of one million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A operated a marina business establishment from October 6, 2016 to December 24, 2016, with the trade name “E”, Defendant: (a) employed female employees F, G, and H; and (b) received 130,000 won per time from many unspecified customers who found the said business establishment from sexual traffic; and (c) concluded a sexual relationship with the said female employees.

Accordingly, the defendant arranged sexual traffic for business.

2. On March 28, 2017, Defendant B was sentenced to imprisonment for a violation of the Game Industry Promotion Act at the Changwon District Court’s common branch on the following grounds: (a) the suspension of the execution of eight months; (b) the community service order and seizure for 120 hours; and (c) the sentence was finalized on April 5, 2017.

The indictment does not reflect the preceding preceding concurrent crimes, but recognizes the existence of the preceding preceding crimes through the defendant's statement and the submission of additional materials.

On October 21, 2016, the Defendant was employed as an employee of the said “E” business establishment, and aided and abetted the business of arranging sexual traffic by guiding the said business establishment to female employees of sexual traffic, cleaning inside the business establishment, etc. from the time to the end of October 24, 2016.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement related to G;

1. A written statement of F and H and a written statement of the person who is G;

1. Each investigation report and internal investigation report;

1. A protocol of seizure and a list of seizure;

1. The application of Acts and subordinate statutes to a response to a request for appraisal;

1. Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (elective of imprisonment): Defendant B: Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. and Article 32(1) of the Criminal Act (elective of punishment)

1. Defendant B who is eligible for mitigation: Article 32(2) and Article 55(1)6 of the Criminal Act;

1. Defendant B who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 of the Criminal Act.

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