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(영문) 대전지방법원 천안지원 2017.09.29 2017고단1392
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for one year

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. From May 18, 2016 to October 12, 2016, Defendant A arranged commercial sex acts by providing “D” commercial sex acts, which are operated by the Defendant on the north-gu Seoul and fourth floor, with simple beds and shower rooms, etc. in four rooms, employing E, etc. as a female employee of commercial sex acts, and having sexual intercourse with female employees after receiving 130,000 won from male customers who find the said place of business, and guiding them to have sexual intercourse with them.

2. On October 4, 2016, Defendant B employed a female employee as a female employee at a business establishment listed in the preceding port, and served as a female employee. On the condition that he receives 90,000 won per time as chemical, Defendant B, at around 20:00, had a sexual intercourse with one male customer who is not his name, and had a sexual intercourse with one male customer who is not his name in light of 21:00, and had a sexual intercourse with one male customer who is not his name in light of 22:00, and had a sexual intercourse with one male customer who is not his name in light of 23:00.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to F;

1. A copy of the real estate monthly rent contract;

1. Police seizure records and list of seizure;

1. Photographs;

1. Application of Acts and subordinate statutes to each investigation report;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (referring to mediating commercial sex acts for the purpose of arranging commercial sex acts), Defendant B who has selected the punishment of imprisonment: Article 21 (1) of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (referring to the occupation of commercial sex acts), and selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);

1. Article 62(1) of the Criminal Act; Article 60(3) of the Juvenile Act;

1. The community service order (defendant A) under Article 62-2 of the Criminal Act;

1. Article 25 of the Act on the Punishment, etc. of Acts of Arranging sexual traffic, including confiscation and collection thereof (Defendant A);

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order (Defendant B) shall be issued.

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