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(영문) 울산지방법원 2017.01.12 2016고단2987
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of two million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On July 22, 2015, Defendant A was sentenced to imprisonment for six months with labor for a violation of the Act on the Punishment of Acts, such as Intermediation of Commercial Sex Acts (remediation of commercial sex acts, etc.) at the Ulsan District Court, and the decision was finalized on April 20, 2016.

【Defendant A” is a business owner running marina business with the trade name “F” in Ulsan-gu E, Ulsan-gu, and Defendant B is a member of the above A.

No person shall arrange, etc. sexual traffic for business purposes.

Nevertheless, from January 1, 2016 to March 15, 2016, Defendant A provided facilities, such as a smuggling, scambling, shower, etc. inside the said establishment, and had G, H, I, and J, an employee, who received or employed a sexual traffic fee of 100,000 won, to male customers visiting the said establishment, provided that Defendant B provided sexual intercourse with the customers, who visited the said establishment at around March 15, 2016.

As a result, Defendants conspired with each other, from January 2016 to March 15, 2016, Defendant A mediated sexual traffic for business purposes around March 15, 2016.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspect of the police to G, H, I, and J;

1. A protocol of seizure and a list of seizure;

1. Photographss of the K Mebane, inside the place of business, and the books of commercial sex acts;

1. As to the investigation report (as to the crackdown video CD)

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (the same criminal records and confirmation);

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 30 of the Criminal Act;

1. Handling concurrent crimes (Defendant A) after Article 37 of the Criminal Act: Provided, That Article 39 (1) of the Criminal Act is applicable;

1. Attraction of a workhouse (Defendant B) Articles 70(1) and 69(2) of the Criminal Act;

1. (Defendant A) Reasons for the sentencing of Article 48(1)1 of the Criminal Act [the scope of recommendations] types 2 (the act of sexual traffic by means of business, receipt of consideration, etc.).

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