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(영문) 울산지방법원 2015.01.23 2014고단3533
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C”, which is a sexual traffic business establishment located in Ulsan-gun B.

1. On October 7, 2014, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.) installed five smuggling with simple invasions and shower rooms, etc. at the said establishment, and employed a name “D” as a sexual traffic woman who will see the sexual organ of an unspecified number of male grandchildren who found the said establishment by hand and ske it.

On October 14, 2014, the Defendant received 100,000 won from the slope E belonging to the Ulsannam Police Station, which is the most likely to be a customer of sexual traffic at the above business establishment, and provided guidance to the said female of sexual traffic.

Accordingly, the Defendant arranged sexual traffic for business from October 7, 2014 to October 14, 2014.

2. No person who violates the School Health Act shall operate any business establishment harmful to juveniles in school environmental sanitation and cleanup zones;

Nevertheless, the Defendant operated a sexual traffic business establishment, which is a juvenile harmful business establishment, at around 187 meters from “G kindergarten” located in the F of Ulsan-gun, Ulsan-gun, as described in the above paragraph (1).

As a result, the defendant operated juvenile harmful businesses in the school sanitation cleanup zone.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Cadastral map;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant Articles 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Articles 19 (2) and 6 (1) of the School Health Act (the occupation of facilities harmful to juveniles), and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act on probation and community service order [the scope of recommendations] the sexual traffic crimes subject to 19 years of age or older and the mediation, etc. of sexual traffic.

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