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(영문) 창원지방법원 2019.08.30 2019고단882
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

【Criminal Force】 On August 9, 2018, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for special injury at the Changwon District Court for six months, and the judgment became final and conclusive on August 17, 2018, and is currently under suspension of the execution.

【Criminal Facts of Crimes】 The Defendant is a person who operates a commercial sex business establishment with the trade name of 'C' on the 9th floor of the Seongdong-gu B building in Changwon-si, and Co-Defendant D is an employee, such as cleaning the inside of the business establishment and viewing the carbr, and guiding the customer to receive the price of commercial sex acts.

The Defendant and Co-Defendant D, from February 14, 2018 to June 20, 2018, had the following establishments equipped with smuggling and shower facilities, and employed the E (E, female and F) of the Russian nationality. They received KRW 110,00 in return for sexual traffic from many unspecified customers who found out such establishments and paid KRW 50,000 among them to the above women of sexual traffic.

Accordingly, the defendant and co-defendant D conspired with each other to arrange commercial sex acts.

Summary of Evidence

1. Each legal statement of the defendant and co-defendant D;

1. Statement of each police statement concerning E and G;

1. Investigation report (as to attaching photographs at the control site, attaching mobile phone text records related to D'C's work, attaching text messages to A and D, attaching business account books, attaching photographs, and specifying profits) and photographs attached thereto;

1. Previous convictions in judgment: Criminal records, previous records and results of confirmation of dispositions, and application of Acts and subordinate statutes (No. 2018 Gowons Act, No. 1241);

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Article 30 of the Criminal Act, the choice of imprisonment with labor, or imprisonment with labor;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic [Attachment to the business account books and photographs];

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