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(영문) 울산지방법원 2016.12.08 2016고단3252
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of two million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A is a business owner who operates a sexual traffic business in the trade name of "D" from the Ulsan-gun C and the first floor of the underground, and the defendant B is an employee of the above business establishment.

1. No person shall commit an act to arrange sexual intercourse, etc. in return for giving, receiving, or promising to give, any money, valuables, or other property gains to an unspecified person for business purposes;

Nevertheless, from October 2, 2015 to April 4, 2016, the Defendant: (a) provided the said business establishment with five smuggling with about 40 square meters; and (b) arranged female employees and provided them with sexual intercourse; and (c) received 130,000 won in return and paid 80,000 won to employees.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. Defendant B: (a) from March 25, 2016 to April 4, 2016, at the foregoing business establishment, the Defendant received KRW 80,00 in return for doing sexual intercourse with the customers arranged by A as above.

Accordingly, the defendant committed sexual traffic.

Summary of Evidence

1. Defendants’ respective legal statements

1. On-site photographs;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant legal principles concerning facts constituting an offense, and defendant A: Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (Selection of Imprisonment);

(b) Defendant B: Article 21(1) of the Act on the Punishment of Acts of Arranging Sexual Traffic.

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

1. Article 62 (1) of the Criminal Act (Defendant A);

1. In the case of Defendant A for the reason of sentencing under Article 62-2 of the Criminal Act (Defendant A) the probation and community service order (defendant A) continues to commit the crime even though there has been already been punished by a fine for the same kind of crime twice, and the direct sexual intercourse is disadvantageous. However, it is assumed that the current business will not be re-offending, and the profits acquired by the business for a small form of business do not seem to be high.

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