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(영문) 수원지방법원 성남지원 2017.11.28 2017고단2834
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a sexual traffic business establishment under the trade name of "C" in Gwangju City.

1. On August 25, 2017, the Defendant, in violation of the Act on the Punishment of Arrangement, etc. of Commercial Sex Acts (such as brokerage, etc. of commercial sex acts), instructed a police officer in charge of the control of police officers who pretended to be customers and found to engage in commercial sex acts to receive KRW 1.30,00 won from the price for sexual intercourse and to engage in commercial sex acts, and ordered a female employee E, who is a her mother, to engage in commercial sex acts in advance, to arrange commercial sex acts.

2. No person who violates the Educational Environment Protection Act shall engage in any activity or install business that provides services that may cause physical contacts between unspecified persons, exposure to a sealed part, etc. or cause similar acts in an educational environment protection zone for the purpose of protecting the health, sanitation, safety, learning, and educational environment of students;

Nevertheless, on February 22, 2017, the Defendant, at the place of the foregoing paragraph 1 located within 200 meters from the F Middle School, operated an unspecified number of male customers in order to arrange sexual intercourse, and committed an act prohibited in the educational environment protection zone.

Summary of Evidence

1. Statement by the defendant in court;

1. Land use regulation information services;

1. A real estate lease agreement;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic (the point of arranging commercial sex acts), Articles 16(1) and 9 subparag. 13 of the Act on the Protection of Educational Environment, Article 2 subparag. 5(a) (8) of the Juvenile Protection Act (the point of prohibiting acts within an educational environment protection zone) of the Act on the Protection of Educational Environment, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Arranging sexual traffic with the reason of sentencing under Article 62-2 of the Criminal Act.

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