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(영문) 수원지방법원 안양지원 2016.11.03 2016고정20
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall provide funds, land, or buildings to sexual traffic, knowing that they are provided for sexual traffic.

The defendant is the owner of the D building in Ansan-si.

With knowledge of the fact that commercial sex acts take place on the “E” on the fourth floor of the said D building from November 1, 2014 to August 6, 2015, the Defendant leased the fourth floor of the D building to F, who is the business owner of E, a deposit of KRW 30 million and KRW 2.3 million per month, and received KRW 20,540,000 from F as rent.

As a result, the defendant provided a building with knowledge of the commercial sex acts.

Summary of Evidence

1. Partial statement of the witness F in the court;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Some statements made in the interrogation protocol of the prosecution concerning F;

1. Each investigation report (the details of entry into a building owner, results of execution of a warrant of search, seizure, and verification, applications for preservation of a seizure unit, and rulings of the same kind A of the suspect);

1. Application of Acts and subordinate statutes of deposit certificate;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the punishment (to select a fine in general);

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

1. The first part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic [the records include 20,540,000 won in aggregate, since the defendant's profits derived from the crime of this case are 20,540,000 won, it is required to collect 20,540,000 won from the defendant. However, the principle of prohibition of disadvantageous alteration under Article 368 of the Criminal Procedure Act is applied to the collection (see, e.g., Supreme Court Decision 2006Do488, Nov. 9, 2006). In this case where only the defendant requests a formal trial, the collection charge cannot be changed more unfavorable than the amount of additional collection (18,930,000 won) in the summary order, and therefore, the amount of the summary order shall be maintained as

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.

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