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(영문) 수원지방법원 성남지원 2017.11.24 2017고단1365
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Violation of the Act on the Punishment, etc. of Arrangement, etc. of Commercial Sex Acts (such as brokerage, etc. of commercial sex acts) (the Defendant is a person who operates a sports marina business with the trade name of “D” located in Seongbuk-gu, Seongbuk-gu.

On May 1, 2017, at around 20:25, the Defendant received 110,000 won from an unspecified number of male customers and provided guidance to the indoor room where female employees E are waiting to engage in commercial sex acts, and provided them with sexual intercourses between customers and female employees at that place. On August 10, 2017, the Defendant provided guidance by the police officer F who pretended to purchase gender around 20:09 and received cash KRW 100,000 in return for commercial sex acts, and provided guidance to the female employees G for commercial sex acts.

2. No person who violates the Educational Environment Protection Act shall engage in any activity or install business that provides services that may cause physical contacts between unspecified persons, exposure to a sealed part, etc. or cause similar acts in an educational environment protection zone for the purpose of protecting the health, sanitation, safety, learning, and educational environment of students;

Nevertheless, on May 1, 2017, the Defendant: (a) operated a sports marina business establishment, “D,” which mediates sexual traffic to unspecified male customers, at a place set forth in paragraph (1) located at a distance of 156 meters from H school; and (b) operated an act or facility prohibited in the educational environment protection zone.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I;

1. A report on internal investigation:

1. Application of evidence photographs, Internet guidance statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic (the point of arranging commercial sex acts), Articles 16(1) and 9 subparag. 13 of the Act on the Protection of Educational Environment, Article 2 subparag. 5(a) (8) of the Juvenile Protection Act (the point of prohibiting acts within an educational environment protection zone) of the Act on the Protection of Educational Environment, and the choice of imprisonment, respectively;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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