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(영문) 대전지방법원 홍성지원 2016.02.05 2015고단1113
성매매알선등행위의처벌에관한법률위반(성매매알선등)
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Defendant

A Imprisonment for 10 months, Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

On September 14, 2012, A was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) by the Cheongju District Court on September 14, 2012 and completed the execution of the sentence in Daejeon Prison on June 20, 2013.

1. Defendant A, from July 18, 2015 to August 26, 2015, had nine female employees, including E (n, 37 years of age), equipped with 3-2 rooms in Hongsung-gun D Building 3-2 and had four female employees, including E (n, 37 years of age), receive 120,000 won in cash from male customers, and had the said female employees perform sexual intercourse after massage.

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

2. From July 18, 2015 to August 26, 2015, Defendant B leased Nos. 3-2 of the building D in Chungcheongnam-gun Hong-gun to the said Plaintiff, thereby allowing the said Plaintiff to arrange sexual traffic with the trade name “F”.

Accordingly, the defendant, knowing that he is provided with sexual traffic, committed acts such as arranging sexual traffic providing buildings.

Summary of Evidence

1. Defendants’ legal statement

1. Each prosecutor’s examination protocol against the Defendants

1. Each police statement protocol with respect to E and G;

1. Seizure records;

1. A copy of the contract, a business registration certificate, and a daily balance sheet;

1. Previous convictions in judgment: A written inquiry results -A, investigation reports (verification of suspect A's repeated records), personal identifications/application of Acts and subordinate statutes concerning the current status of confinements;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (the choice of imprisonment);

B. Defendant B: Article 19(1)1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc.

1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: the first sentence of Article 25 of the Act on the Punishment of Acts, such as Arranging Sexual Traffic (Evidence 1 and 2), and Article 48(1)1 of the Criminal Act (Evidence 3 and 4);

1. Defendant A: The latter part of Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts.

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