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(영문) 대구지방법원 2014.12.09 2014고단5419
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

1. Defendant A

A. From July 1, 2014 to September 1, 2014, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) committed an act of arranging sexual traffic by having many and unspecified male customers engage in sexual traffic with F, etc., which is a female sexual traffic, and having them engage in sexual traffic.

B. The defendant in violation of the School Health Act is the one under Article 1.

around the time of paragraph (1), the school environmental sanitation and cleanup zone of approximately 150 meters away from Daegu G elementary school at the place of paragraph (1), and the first one.

As in the same paragraph, sexual conduct, etc. was conducted.

2. Defendant B, while being well aware of the fact that he/she is engaged in the sexual traffic intermediary business as set forth in paragraph (1), provided that he/she leases the place set forth in paragraph (1) to A on condition that he/she is paid monthly rent of KRW 500,000,000, and provided it to A as a place for sexual traffic

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the police investigation of suspect with regard to F;

1. Application of the relevant Acts and subordinate statutes, four copies of the photograph, one map, and a copy of the register;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense (the points of operating businesses of arranging sexual traffic or providing buildings), Articles 19 (2) and 6 (1) 19 of the School Health Act (the points of operating businesses harmful to juveniles within the school environmental sanitation and cleanup zone);

1. Aggravation of concurrent crimes (Defendant A) (within the period of punishment aggregating the maximum term of each crime at the time of sale), Articles 37 (former part), 38 (1) 2 and 50 (within the scope of punishment aggregating the maximum term of each crime);

1. Although the reasons for sentencing under Article 62(1) of the Criminal Act, even though the Defendants had been already sentenced to a fine or a suspended sentence due to the same kind of crime, the crime is heavy in that the Defendants repeat each of the instant crimes, and within the school environmental sanitation and cleanup zone.

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