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(영문) 창원지방법원 통영지원 2016.03.18 2015고단1230
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Punishment of Acts, such as brokerage, etc. of sexual traffic;

A. The Defendant, as the owner of “E” in D 302 on July 14, 2015, the Defendant arranged sexual traffic by engaging in the business from July 7, 2014 to July 19, 2015, by receiving approximately KRW 120,000 won from the customers who found the place at the above establishment as the price for sexual traffic, leading them to a guest room, and allowing female employees (F) to have sexual intercourse with the customers.

B. On July 14, 2015, the Defendant, as the owner of “G” on the H 2nd floor at the time of the crime related to G business, was engaged in commercial sex acts by providing approximately KRW 120,000 as the price for commercial sex acts by receiving approximately 120,00 won from the employees, with the help of the I, and guiding them as the price for commercial sex acts from the employees, and allowing the J (K) who is female employees to have sexual intercourse with the customers.

2. A violation of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts (sexual traffic) is the “L” owner of the “L” type No. 1 D 302 as stated in the paragraph (a) of this Article, and the Defendant received 110,000 won as the price for commercial sex acts from M, a customer, who found his/her place at the room No. 23:29 on September 15, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against M, J or I;

1. Protocol and list of seizure;

1. Application of a manual of control and a photograph of each field control photograph;

1. Relevant legal provisions concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (referring to an act of arranging commercial sex acts for business purposes), Article 21 (1) of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. and choice of imprisonment with labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Confiscation Act Article 48(1)1 of the Criminal Act and the Punishment of Acts, such as arranging sexual traffic, etc.

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