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(영문) 수원지방법원 성남지원 2018.03.16 2017고단3534
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a business owner who operates a marina business in the name of "C" by installing 11 room and shower facilities, etc. in Seongbuk-gu building B, 304, and 305 in Seongbuk-gu, Sungnam-si.

1. On November 23, 2017, at the above C business establishment around 23:0, the Defendant: (a) discovered the said business through “D”, which is a commercial sex acts Internet advertising site; and (b) induced the said E to engage in commercial sex acts by providing a shower guidance by allowing the said E to show a shower.

2. On November 28, 2017, at the above C business establishment around 19:30 on November 28, 2017, the Defendant: (a) taken 60,000 won in cash and induced the said G to engage in sexual traffic by providing a shower service; (b) provided, from the customer G who found the said business through F search, only referred to “Handbling” service without any mathing.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. Business registration certificate and building lease contract;

1. Application of Acts and subordinate statutes on site photographs and advertising materials;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense, and Article 19 (2) 1 of the Act on the Punishment of Acts

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the act of arranging sexual traffic with the reason for sentencing is not highly harmful to society by commercializing the sex and undermining the sound sexual culture and good morals; and (b) the Defendant continues to commit the act of arranging sexual traffic even after being discovered by engaging in the act of arranging sexual traffic at the place where the instant crime was committed; and (c) the Defendant’s act of advertising through the Internet media, etc. that is highly likely to spread

However, the defendant has the same criminal records and fines.

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