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(영문) 서울중앙지방법원 2015.02.12 2014고단9477
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant leased the Seocho-gu Seoul Metropolitan Government Btel 304, and installed the studio 4 and one waiting room for female employees, and placed an advertisement on the Internet website with the trade name of “C” and operated a commercial sex acts business establishment.

1. On September 22, 2014, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) committed a similar sexual intercourse in the following manner: (a) from around August 28, 2014, the Defendant reported an advertisement at the said establishment on September 1, 201; (b) received KRW 39,000 as the price for sexual traffic from an unclaimed guest who was found to receive KRW 39,00 from the price for sexual traffic; and (c) caused D, an employee of the said establishment, to stimulate the sexual intercourse by his/her hand; and (d) received the price for sexual intercourse equivalent to KRW 15,00 from the customers during the said period from August 28, 2014.

Accordingly, the defendant acted as a broker for sexual traffic for business purposes.

2. No person who violates the School Health Act shall perform any act or install any facility falling under a business place which is likely to conduct a sexual act or act of similarity in school environmental sanitation and cleanup zone;

Nevertheless, the defendant, like in the preceding paragraph, operated the above officetels 304, which falls under the school environmental sanitation and cleanup zone at approximately 146 meters in the distance from the E kindergarten and about 190 meters in the distance from the F elementary school, and operated the commercial sex acts as above, and operated the commercial sex acts and facilities that are likely to cause sexual acts or similarity by arranging commercial sex acts.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Examination protocol of police suspect regarding D;

1. Investigation report (Attachment of Materials for inquiry into school environmental sanitation and cleanup zone guidance system);

1. Application of Acts and subordinate statutes on police seizure records;

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

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