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(영문) 인천지방법원 2016.02.05 2015고정3081
성매매알선등행위의처벌에관한법률위반(성매매알선등)
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 16, 2015, at around 17:00, the Defendant: (a) received KRW 40,000 from a male customer who visited the said establishment in return for sexual traffic; and (b) paid KRW 20,000 among them to a female member of sexual traffic; (c) provided the said F as a room for male customers, thereby having sexual intercourse; and (d) provided the said F as a broker for sexual traffic.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. Legal statement of witness F;

1. A protocol of seizure and a list of seizure [the defendant and his defense counsel stated in the criminal facts in the judgment of the defendant, but this is caused by a police officer's naval investigation and thus the indictment of this case is null and void. However, a naval investigation refers to an investigation method whereby the investigation agency, by using tricks or schemes, induces a person who does not have the original criminal intent, thereby inducing the criminal intent, thereby arresting the criminal. Thus, if a person who has the criminal intent is given an opportunity to commit a crime or made it easy to commit a crime, it cannot be called as a naval investigation (see Supreme Court Decision 2007Do4532 delivered on July 26, 2007). According to the records, the defendant's act of arranging sexual traffic against a police officer who was pretended to be a customer among customers with the criminal intent from the beginning.

Therefore, the above argument is without merit in the application of the law.

1. Article 19 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense (excluding punishment)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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