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(영문) 대구지방법원 김천지원 2020.03.31 2019고단1484
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a massage place with the trade name of “C” from the 2nd floor of the Gu and America.

From January 1, 2018 to May 8, 2019, the Defendant received KRW 60,000 to KRW 120,000 from an unspecified number of customers as the price for massage treatment and commercial sex acts, notwithstanding that the Defendant was not a massage club, and had female employees D, etc., who did not hold a license as a massage club receive KRW 60,00 to KRW 120,000 from the price for massage treatment and commercial sex acts, with the method of taking care of the customer as a good hand, such as a paper, buckbucks, etc., and having them take care of the customer’s sexual organ with his/her hand, and obtained profits equivalent to KRW 8,40,00 by taking account of circumstances.

As a result, the Defendant opened a massage place without being recognized as a massage, and arranged commercial sex acts for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each written statement of D;

1. 미단속보고서, 수사보고(인터넷 ‘E’ 사이트 홍보글 첨부), 홍보글 캡처, �아사진, 문자내역 법령의 적용

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Articles 87 (2) 2, 33 (2) 1, and 82 (3) of the former Medical Service Act (wholly amended by Act No. 1655, Aug. 27, 2019); and Articles 87 (2) 2, 33 (2) 1, and 82 (3) of the former Medical Service Act (wholly amended by Act No. 1655, Aug. 27,

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

1. Article 48 (1) 1 of the Criminal Act for forfeiture; Article 25 of the punishment rate for acts of arranging sexual traffic; Article 8 (1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment;

1. Grounds for sentencing under Article 48 (1) 2 and (2) of the Criminal Act, Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.;

1. Scope of punishment by law: Imprisonment with prison labor for a period from January to June 2, 100;

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