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(영문) 의정부지방법원 2017.12.19 2017고단4739
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. Defendant A shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Defendant A is a person who operates “D” in heading C 405 and 406, Dongducheon-si.

No one shall arrange the sexual intercourse, etc. against an unspecified person in return for the receipt or promise of money, valuables or other property benefits.

From May 30, 2017 to August 2017, the Defendant equipped with the facilities, such as four smugglings, shower rooms, etc., in D above, and sought 1.20,000 won in return for sexual traffic from unspecified customers who found the said facilities, and had them do sexual intercourse with female employees, such as life E and F.

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

2. On June 28, 2017, Defendant B: (a) received 120,000 won in cash from a customer who found his/her business establishment in order to assist him/her in engaging in commercial sex acts; and (b) provided guidance to engage in sexual intercourse with his/her employees, thereby facilitating the crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on internal investigation:

1. On-site photographs;

1. A copy of the commercial lease agreement (D);

1. Application of investigation reports (in the name of a suspect A, accompanied by details of financial transactions, such as checks), investigation reports (in the name of a suspect A, confirmation of the fact that funds of the D business establishment are deposited into the corporate bank account in the name of a suspect A);

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (elective of imprisonment): Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. and Article 32 (1) of the Criminal Act (elective of punishment)

1. Defendant B who is eligible for mitigation: Article 32(2) and Article 55(1)6 (Accessories) of the Criminal Act;

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

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Protective observation and community service order Defendant A: Article 62-2 of the Criminal Act;

1. Defendant A: Article 25 of the Act on the Punishment of Acts, such as Arranging Sexual Traffic.

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