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(영문) 대구지방법원 2015.04.17 2014고단5462
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

Defendant

A Imprisonment for four months, Defendant B shall be punished by a fine of two million won, and Defendant C shall be punished by a fine of three million won.

Reasons

Punishment of the crime

1. Defendant A and Defendant B are the owners of H’s work in the aggregate village in Daegu Jung-gu, Seoul, and Defendant B are the owners of H’s work in the “G”, and Defendant B is the “on-site mother” in charge of the act of Hosing in H.

The Defendants conspired to engage in commercial sex acts, such as arranging commercial sex acts, in collusion with H from August 20, 2014 to September 2, 2014, to receive KRW 80,000 to KRW 1.50,00,000, and let many unspecified male customers engage in commercial sex acts with I who are female customers of commercial sex acts.

2. The Defendant operated a business in which the sexual acts, etc. were conducted from the Daegu Suwon Elementary School at around 173 meters away from the place under paragraph (1) and the school environmental sanitation and cleanup zone, such as paragraph (1).

3. Defendant C, even though he is well aware of the fact that he is engaged in the business of arranging sexual traffic as set forth in paragraph (1), Defendant C committed an act of arranging sexual traffic by leasing the place under paragraph (1) owned by the Defendant to A and providing it to a place for sexual traffic under the condition that A takes charge of building management, etc.

Summary of Evidence

1. Defendants’ respective statements in the first trial records;

1. A protocol concerning the examination of each police suspect to I and J;

1. Application of Acts and subordinate statutes to the report of internal investigation, five related photographs, guidance of the school Cleanup Zone, and all matters to be registered;

1. Article applicable to criminal facts;

A. Defendants: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (the defendant A and B are added to Article 30 of the Criminal Act)

(b) Defendant A: Articles 19(2) and 6(1)19 of the School Health Act

1. Selection of punishment;

A. Defendant A: Imprisonment option

B. Defendant B and C: Each selective fine

1. Aggravation of concurrent crimes (defendant A), the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments for each crime);

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant B and C);

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

1. Additional collection (Defendant A) of sexual traffic;

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