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(영문) 대전지방법원 천안지원 2016.10.11 2016고단696
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for six 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

1. The operators of food service businesses violating the Food Sanitation Act shall not encourage or impliedly allow the employees to receive money and valuables in return for the temporary demand beyond their places of business;

Nevertheless, the Defendant, at the D (type of business, type of food service business, general restaurant: general restaurant) of the Defendant’s operation of the Defendant located in Dong-gu, Dong-gu, Dong-gu, Chungcheongnam-gu (hereinafter “Secheon-gu”), allowed employees to receive 20,000 won per hour from the customer who found his/her place of business on March 18, 2016 and March 23, 2016, at the same time, to receive 20,000 won per hour from the customer who found his/her place of business, thereby allowing employees to receive money and valuables in return for time beyond the business place.

2. Violation of the Act on the Punishment of Acts of Arranging Sexual Traffic;

A. On March 18, 2016, the Defendant: (a) received 100,000 won and time 20,000 won from the male grandchildren on the name of “D” as indicated in the foregoing paragraph (1) from the male grandchildren; and (b) caused the said D employee E to have sexual intercourse one time in the “Gel” located in the Dongnam-gu Seoul Metropolitan City F.

B. On March 23, 2016, the Defendant: (a) had a male grandchild who found his/her place in “D” as stated in the foregoing paragraph (1) receive 100,000 won and time expenses from H; and (b) had the said D employee E have sexual intercourse one time within the “Gel” as stated in the foregoing paragraph (a).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of witness E;

1. A protocol concerning the examination of each police suspect with respect to E and H;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Punishment of acts of arranging sexual traffic under Article 19 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense, Article 97 subparagraph 6 of the same Article and Article 44 (1) of the Food Sanitation Act (Violation of Matters to be Observed by a food service provider), and selection 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. Probation under Article 62-2 of the Criminal Act;

1. The act of arranging sexual traffic in addition thereto;

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