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(영문) 창원지방법원 2015.01.27 2014고단2783
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. The defendant A shall be punished by imprisonment for eight months and by imprisonment for one year; and

2.Provided, That this ruling shall have become final and conclusive.

Reasons

Punishment of the crime

Defendant

B From November 2013 to April 8, 2014, Defendant A operated the said establishment from around November 2013 to around April 2014, when the said establishment was controlled by the police on April 8, 2014.

1. From November 2013 to April 8, 2014, Defendant B arranged commercial sex acts by having seven rooms with shower rooms and bed, etc. in the above business establishment, and employing commercial sex women such as F, etc., and receiving KRW 120,000 won from customers who find such places, and allowing the said commercial sex women to engage in commercial sex acts with customers.

2. The Defendants’ joint criminal conduct in collusion with each other from April 9, 2014 to the same year.

5. By the end of October, 200, Defendant B as an employee, received the price of sexual traffic from customers and directed Defendant A as a smuggling, and Defendant A, as an employer, received 120,000 won from the customers who find the said place of business by managing the said place of business, such as employing women in sexual traffic, and arranged sexual traffic by allowing sexual traffic women to do sexual intercourse with customers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of G, H, I, and F;

1. Statement to J police officers;

1. Each statement K and L;

1. Each protocol of seizure, each protocol of seizure, and each list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (No. 5 through 8, 14, 32, 38, 39, 41 of the evidence list), investigation report (report on examination of recovery of criminal proceeds);

1. Article applicable to criminal facts;

(a) Defendant B: Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

B. Defendants: Article 19(2)1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.; Article 30 of the Criminal Act

1. The Defendants’ choice of punishment: Imprisonment with prison labor

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

1. Defendants in a suspended sentence are against all the Defendants under Article 62(1) of the Criminal Act, and are economical.

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