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(영문) 제주지방법원 2017.11.10 2017고단1599
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. Defendant A shall be punished by imprisonment with prison labor for six months and by a fine of five million won;

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A is a person who installs five rooms equipped with the shower facilities from the second floor of the underground and the second floor of the fifth floor above the ground in Jeju, and operates a sexual traffic business establishment with the trade name of “D”.

On February 4, 2017, at around 00:20, the Defendant: (a) provided unspecified male customers with approximately KRW 120,000 per time, and provided guidance to a smuggling room installed with bed; (b) provided cash payment per customer; and (c) arranged sexual intercourse to E, etc. for the business of arranging sexual intercourse.

2. On October 29, 2015, Defendant B leased the second floor of the above building to A in KRW 10 million, and KRW 8 million annually, around October 29, 2015.

On July 8, 2016, the Defendant was notified to the head of the Dong-dong Police Station in Jeju, that “D” operated by A on the second floor of the building was controlled as a commercial sex acts business establishment. On January 13, 2017, the Defendant provided that, upon receiving the same notification as the second floor of the building around January 13, 2017, the Defendant provided that he/she did not take any measures despite being aware that he/she would engage in commercial sex acts by leasing the second floor of the building to A, and provided that A may continue to lease the second floor of the building to allow A

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on investigation, etc. and related photographs;

1. Application of Acts and subordinate statutes to a real estate lease agreement, each notice, and general building ledger;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: both Articles 19(2)1 and 24 of the Act on the Punishment of Acts, Including Mediation, etc. of sexual traffic, and imprisonment and fines;

C. Defendant B: Article 19(1)1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts, and Selection of fines

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A to observe the protection: Article 62-2 of the Criminal Act;

1. Defendant B: Article 25 of the Act on the Punishment of Acts, such as Arranging sexual traffic;

1. Defendants of the provisional payment order:

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