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(영문) 서울북부지방법원 2017.01.12 2016고단4895
직업안정법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall engage in the job placement, recruitment of workers, or supply of workers for the purpose of having them find a job for engaging in sexual traffic or other obscene acts, and no person engaged in the custom business shall allow any person to do obscene acts in a place where he/she conducts the business concerned, or arrange or provide such acts at such place.

Nevertheless, around October 1, 2016, the Defendant recruited female employees E, F, and G from the person who had provided workers recruitment advertisements to “C” as to which obscene acts, such as making customers kis on “D”, which is an Internet site, and drinking the chests and legs, etc., on the Internet site, around October 1, 2016, the Defendant: (a) recruited female employees who had provided workers recruitment advertisements; and (b) had the said female employees engage in obscenity and ices against whom their names cannot be ascertained; and (c) assisted or arranged them in a public morals business place by allowing them to engage in obscenity and obscenity.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of respective Acts and subordinate statutes of E and G;

1. Relevant legal provisions concerning facts constituting an offense, Article 46 (1) 2 of the Act on the Vocational Stability of Employment and Punishment (a point where workers are recruited for the purpose of engaging in obscene activities), Article 10 (2) and Article 3 subparagraph 2 of the Act on the Regulation of Customs and Business (a point where matters to be observed in business places, such as obscene acts, are violated), and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the fact that a person commits a crime and reflects on the recognition of the crime, and that a person does not repeat the crime);

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