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(영문) 인천지방법원 2019.05.30 2019고단1643
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for one year.

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 a person who operates a marina business with the trade name “C” in Seo-gu Incheon.

From January 27, 2019 to January 30, 2019, the Defendant employed four employees of Thailand nationality, and had employees receive money and arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Determination as to the assertion by the counsel of internal investigation report (time and on-site situations), on-site photographs, and head of the Tong/Dong photographs

1. The defense counsel of the defendant asserts that there is no supporting evidence for the confession of the defendant as to the facts charged in this case.

2. Reinforcement evidence of confessions made by judgment is sufficient if it is sufficient to recognize that the confession of the accused is not processed, even though the whole or essential part of the facts constituting the offense is not recognized, and it is sufficient to prove that the confession of the accused is true, not just because the confessions by the accused is not processed, but also indirect or circumstantial evidence. In addition, if confessions and corroborative evidence are mutually sound and it is possible to prove the facts of the offense as a whole as evidence of guilt, it is sufficient to prove evidence

(Supreme Court Decision 2010Do11272 Decided December 23, 2010). In light of the background leading up to detection, which is evidence duly adopted and investigated by the defendant with the consent of the defendant, the internal investigation report on the detection process, the site photograph at the time of detection, and the copy of the passbook in which the defendant deposited the proceeds of arranging sexual traffic, it can be recognized that the confession of the defendant is not a processed confession, and thus, the reinforcement of the confession of the defendant is increased.

Therefore, the defense counsel's above assertion is not accepted.

Application of Statutes

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Imprisonment with labor concerning facts constituting an offense;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The Act on the Punishment of Acts of Arranging sexual traffic;

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