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(영문) 부산지방법원 2015.09.23 2015고단4661
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., and the Act on the Regulation of Amusement Businesses Affecting Public Morals, is a person who operates a commercial sex business establishment under the trade name of “C” in Busan, the territory of Busan.

On March 8, 2015, at around 21:20 on March 21, 2015, the Defendant provided guidance to the smuggling so that the Defendant may receive 1.30,000 won as the price for sexual traffic from the police officer who pretended to be a customer and engage in sexual intercourse with D and female employees, and the same year.

5. Guidance to ensure that female employees E and sexual intercourse are performed after receiving 130,000 won as the price for sexual traffic from the crackdown police officers around 22:50,00, and that such guidance is provided for the same year.

5. On March 27, 2015, a police officer around 04:20, received KRW 130,00 as a price for sexual traffic, and provided guidance to a smuggling so that female employees D and sexual intercourse may engage in sexual traffic, and as well as arranging sexual traffic at a customs and place of business, an act of arranging sexual traffic was committed.

2. No person who violates the School Health Act shall carry on any business which is likely to carry on the sexual act or act of similarity by dividing it by a smuggling, closed space or partitions, etc. or by installing similar facilities in the school environmental sanitation and cleanup zone;

Nevertheless, at around 15:50 on March 20, 2015, the Defendant operated a place of business with the name of “C”, a place of business located within the Cleanup Zone, and “C,” and operated a business where the act of sexual intercourse or similarity is likely to be done by installing facilities partitioned with walls.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol and statement of the police officer regarding D;

1. Each written statement of E and D preparation;

1. On-site photographs;

1. Application of the Acts and subordinate statutes to each investigation report, enforcement report, and internal investigation report;

1. Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense, Article 10(1) and Article 3 subparag. 1 of the Act on the Regulation of Amusement Businesses Affecting Public Morals;

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