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(영문) 서울남부지방법원 2016.08.12 2015고단4934
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of seven hundred thousand won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A and D’s violation of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic (Mediation of Commercial Sex Acts, etc.) is a person operating a commercial sex business establishment under the trade name of “F” in Yeongdeungpo-gu Seoul Metropolitan Government EB02, and D recognizes that according to the prosecutor’s protocol (the 190th page of the evidence record) as to D as a person who received money from customers when entering the above business establishment and provided guidance to them, it is recognized that D played a role in receiving money from customers when entering the above business establishment, and even if it is recognized without any modification of an indictment, it does not seem that there is a substantial obstacle to the Defendant’s exercise of the Defendant’s right to defense. Accordingly, as stated in the written indictment ex officio, the “D is an employee of the above business establishment,” recognizing “D as a person who serves as a person who received money from customers and provided guidance to him as a room.”

Defendant and D agreed to arrange sexual traffic by advertising “G” on the Internet.

Defendant and D conspiredd on August 18, 2015, around 22:50, and around 22:50, Defendant and D received KRW 110,00 from H, which found the Internet advertisement in “F (Internet trade name: G)” and received KRW 110,00 won from H, and had B enter the said place of business to engage in similar sexual intercourse in a manner of omitting H’s sexual organ, thereby engaging in engaging in commercial sex acts such as arranging commercial sex acts.

2. On August 18, 2015, the Defendant violated the Act on the Punishment of Acts, Including Mediation, etc. for Commercial Sex Acts by Defendant B (sexual traffic) committed a similar sexual intercourse by placing the H’s sexual organ that provided KRW 110,000,00 in the F’s heading room 4 around August 23:30, 2015, and engaging in commercial sex acts.

Summary of Evidence

1. The legal statement of the witness H (defendant B)

1. A protocol concerning the examination of suspect of a part of the prosecution against D (including the H part of the statement);

1. A protocol concerning examination of suspect of some police officers against D (as to Defendant A);

1. Prosecution's written statement;

1. Protocols of seizure and photographs of seized articles;

1. On-site photographs, daily account books taken by 8/18, copies of monthly sales of card companies, and deposits and withdrawals by receipt period;

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