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(영문) 대구지방법원 포항지원 2014.12.12 2014고정403
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant is a person who operates an entertainment drinking house under the trade name of "D" in Southern-gu C at the time of capture, in violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.

On July 30, 2014, the Defendant: (a) around 00:05 on July 30, 2014, the Defendant: (b) had a male grandchild, who was found in his place, receive KRW 400,000 as the price for sexual traffic from E; (c) had the female employee F engage in sexual traffic with E; and (d) had the female employee F engage in commercial sex acts such as arranging

2. Around 00:20 on July 30, 2014, the Defendant assaulted the victim E (year 42) at one time by hand on the ground that the victim reported the crime of arranging sexual traffic to the police.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of an invoice under Acts and subordinate statutes;

1. Relevant Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 260 (1) of the Criminal Act and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant does not constitute the act of arranging sexual traffic since he/she arranged to engage in sexual traffic to E without a will to engage in sexual traffic.

2. Determination

A. Article 19(2)1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. means to arrange or facilitate commercial sex acts between the parties intending to engage in commercial sex acts. Thus, in order to arrange commercial sex acts, it does not necessarily require that the parties intending to engage in commercial sex acts should actually engage in commercial sex acts or face with each other, and it does not necessarily require that the parties intending to engage in commercial sex acts should no longer intervene in commercial sex acts by linking the intentions of the parties intending to engage in commercial sex acts.

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