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(영문) 서울중앙지방법원 2016.06.03 2016고단917
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A A shall be punished by a fine of KRW 7 million, by imprisonment with prison labor for a year and a fine of KRW 7 million, respectively.

The defendants are the defendants.

Reasons

Punishment of the crime

From July 2015 to August 2015, the Defendants operated the Seocho-gu Seoul Metropolitan Government Ftel 1404, and the Seocho-gu Seoul Seocho-gu Office 607, with the trade name of “H”, and advertised the above establishment by posting pictures, procils, telephone numbers, etc. of sexual traffic women at Internet amusement information sites, such as “I”, “J”, etc., and advertised the above establishment. The Defendants employed female employees L (V, 24 years old), etc. (V,) by using telephone conversations with those who contact with each other, received a promise, and received a promise from them, and paid one hour 1,30,000 won for sexual traffic, one hour 1,30,000 won for whom L, etc. received a promise, and caused L, etc. to see their customers’ sexual ability with their hand, scambling, or rapidly scam into the sexual traffic, thereby engaging in the business of arranging Defendant A from the same month to the beginning of August 26, 2015 to the first day.

Summary of Evidence

1. The legal statement of Defendant A and some of Defendant B’s legal statement

1. Partial statement of the witness A;

1. A protocol concerning the examination of suspect concerning L;

1. A protocol concerning examination of the police concerning L;

1. Each statement;

1. A real estate lease agreement;

1. On-site photographs and closure photographs of a mobile phone;

1. Investigation report (suspect B currency details and confirmation of customer in currency);

1. Defendant B and his defense counsel asserted to the effect that the above investigation report (the defendant B and his defense counsel merely constitute an aiding and abetting crime as well as a joint principal offender of a violation of the Act on the Punishment, etc. of Acts such as the Mediation, etc. of Commercial Sex Acts (the mediation, etc. of commercial sex acts).

In order for a joint principal offender to be established under Article 30 of the Criminal Code, it is necessary to implement a crime through functional control based on the intention of the joint principal offender as a subjective requirement, and the intention of joint process here is to prevent another person from committing the crime.

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