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(영문) 대전지방법원 천안지원 2019.11.29 2019고단2316
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 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.) provided that, from April 19, 2019 to April 22, 2019, the Defendant, operating the “C”, which is a light-time building B in Gyeonggi-do and a commercial sex business establishment in the fourth floor, advertised commercial sex acts with “E” in the name of “D,” which is a site for commercial sex acts, and provided 10,000 won for sexual sex acts from the 14 male customers who reported the said advertisement, and arranged commercial sex acts by providing two female female female employees of the birthland, who are employed in the said business, with a place where they receive 5,000 won per time, instead of having sexual grandchildren receive 55,00 won per time.

2. No person who violates the Educational Environment Protection Act shall operate a business establishment corresponding to the business notified by the Minister of Gender Equality and Family in an educational environment protection zone to protect the health, sanitation, safety, learning, and educational environment of students;

Nevertheless, the Defendant was located at a place less than 130 meters away from the F elementary school boundary as stated in paragraph (1) in a straight line, and operated a sexual traffic business establishment, which is prohibited by the Ordinance of the Ministry of Gender Equality and Family, as it falls under the location of a relative protection zone in an educational environment protection zone (Notice of Ministry of Gender Equality and Family No. 2013-

Summary of Evidence

1. Defendant's legal statement;

1. Screening pictures of land use regulation services;

1. Photographss and site photographs of “D” on the Internet site;

1. Application of Acts and subordinate statutes to a report on investigation (calculated profits from sexual traffic);

1. The pertinent legal provisions on criminal facts, Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, the Protection of Educational Environment, Article 16(1) and Article 9 subparag. 13 of the Act on the Protection of Educational Environment (Article 16(1) and Article 9 subparag. 3 of the Educational Environment Protection Act are stated in the written indictment, but it is apparent that the written indictment is a clerical error, and thus, the written indictment is corrected ex officio)

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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