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(영문) 의정부지방법원 2015.03.31 2014고단3915
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 5,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The defendant is in violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the act of arranging commercial sex acts) who operates a commercial sex acts establishment of about 50 square meters with five guest rooms, which have simple beds, three simple beds and shower facilities inside the trade name of "C from the 5th floor in Namyang-si, Namyang-si, Namyang-si, which is equipped with 'C';

On June 24, 2014, around 22:50 on June 24, 2014, the Defendant: (a) received KRW 130,00 from customers; (b) assisted female employees to engage in sexual intercourse with them; and (c) assisted female employees by receiving KRW 120,00 or KRW 140,00 from many unspecified customers at the said establishment from June 10, 2014 to June 24, 2014.

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

2. No person who violates the School Health Act shall conduct business in a school environmental sanitation and cleanup zone where he/she is likely to conduct physical contacts, such as dancing, peting, composting, etc., exposing sex-related body parts, or to conduct sexual intercourse or similar acts by dividing it by smuggling, closed space or partitions, etc. or by other similar facilities therein;

Nevertheless, from June 10, 2014 to June 24, 2014, the Defendant installed a guest room equipped with simple beds and shower facilities in a space partitioned with about 102 meters away from D kindergarten to D’s place under paragraph (1) in the school environmental sanitation and cleanup zone, and operated a sex act as provided in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement of E and F;

1. A real estate lease contract;

1. On-site photographs;

1. Business registration certificate and details of passbook transactions;

1. Application of an investigation report (verification of proceeds from sexual traffic and property subject to request for the preservation of confiscation or collection), investigation report, and statutes governing school environmental sanitation and cleanup zones;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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