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(영문) 의정부지방법원 고양지원 2014.10.08 2014고단1397
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who violates the Medical Service Act shall engage in massage for profit without obtaining recognition of his/her qualification;

From July 26, 2013 to March 1, 2014, the Defendant: (a) installed four marina rooms and four smuggling for sexual traffic using the trade name, “C,” and (b) employed D (23 years old, Thailand) and E (n, 25 years old, and Thailand) as an employee; (b) received 100,000 won per day from four customers with a large amount of money, and had one of the said employees be aware of customers.

Accordingly, the defendant was engaged in massage for the purpose of profit-making without obtaining the recognition of qualification for the defendant's business.

2. The Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.) with the trade name of “C” as referred to in paragraph (1), including paragraph (1), set up a marina room and a smuggling room, hires his employees, and receives 100,000 won per day from four customers, and let one of the said employees perform the sexual intercourse with the customer.

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Application of statutes governing field control photographs;

1. Articles 91, 88, 82 (1) of the Medical Service Act and Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense (the occupation of arranging sexual traffic and the selection of fines);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act repeats illegal acts for business purposes of sentencing, the need for strict punishment is high, the Medical Service Act is joint penal provisions, and the concurrent imposition of fines and imprisonment is determined by considering the harshness of the defendant, and the defendant is the defendant.

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