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(영문) 인천지방법원 2017.12.14 2017고정2196
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

In full view of the evidence duly adopted and examined by this court and all the circumstances revealed in the records, the court partly revised the facts charged to the extent that it does not disadvantage the defendant's right of defense.

No one shall receive or promise to receive money, valuables or property gains from unspecified persons or arrange sexual traffic.

Nevertheless, the defendant operated a marina business with the trade name of "E" in Bupyeong-gu Incheon Metropolitan City, the defendant, around May 8, 2017, instructed the police officer who was controlled by sexual traffic in order to calculate the 50,000 won for sexual traffic and guide the police officer who was in charge of sexual traffic by pretending customers at the above business establishment around May 18, 2017, and sent them to F, thereby arranging sexual traffic.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness G’s legal statement and part of witness F’s legal statement [the defendant and his defense counsel held that, at the time of the instant case, the police officers’ entering the business establishment of the defendant’s operation by pretending customers and regulating the defendant’s defendant at the business establishment constitutes a crime-oriented naval investigation, and thus, the indictment of this case is null and void. Although the control of the defendant’s business establishment entering the business establishment as above constitutes a crime of search and seizure as a practical search and seizure, the police officers’ entry of the defendant’s business establishment without the search and seizure warrant and received the written statement without notifying the employee F of the right to refuse to make a statement is unlawful in violation of due process, and thus, the above written statement is inadmissible as illegally

First, the police officers’ control over the Defendant’s business establishment (hereinafter “instant business establishment”) indicated in the facts charged at the time of the instant case cannot be deemed unlawful as a type of a crime-oriented war investigation. Thus, the Defendant and the defense counsel’s allegation in this part is acceptable.

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