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(영문) 광주지방법원 2016.06.22 2015고정1710
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

From May 18, 2015 to December 26, 2015, the Defendant: (a) had a male guest who had been employed as a female employee, and (b) had C find out the place, receive 140,000 won per hour sexual traffic; and (c) had him/her enter the sexual organ, as soon as possible, and use his/her hand, booms below.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes concerning field photographs of crackdown;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation, etc. of Selective Commercial Sex Acts, concerning facts constituting an offense and Article 19 (2) 1 of the same Act and selection of fines;

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

1. Article 48(1)1 of the Confiscation Criminal Act asserts to the effect that the defendant is merely an act of similarity, not an act of sexual traffic, rather than an act of sexual traffic.

However, in the “act of arranging, etc. sexual traffic” punished under Article 19(2)1 of the Act on the Punishment of Acts, Including “act of arranging, etc. sexual intercourse,” not only sexual intercourse but also similar acts using parts of the body, such as mouth, mouth, etc. or implements (Article 2(1)1 of the Act on the Punishment of Acts, such as Arranging, etc. of sexual traffic). Thus, as alleged by the defendant, the defendant did not directly sexual intercourse with the employees employed by the defendant, as argued by the defendant.

Even if there is a crime that is punished pursuant to Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic.

Therefore, we cannot accept the defendant's above assertion.

Taking into account the circumstances that form the conditions of sentencing as shown in the records, such as the period, scale of business, the fact that the defendant has no record of criminal punishment for the same kind of crime, the age, sex behavior, environment, family relationship, motive and consequence of the crime, and the circumstances after the crime.

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