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(영문) 창원지방법원 2017.11.07 2017고단2325
성매매알선등행위의처벌에관한법률위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a marina business in the trade name of “C” in Article 301 of the Kim Sea-si B Building 301.

1. No person who violates the Act on the Punishment, etc. of Acts, such as brokerage, solicitation, solicitation, or coercion to engage in a sexual intercourse, similar act, or receives money, valuables, or other property benefits or promises to engage in sexual traffic;

Nevertheless, between July 1, 2016 and March 28, 2017, the Defendant arranged the act of similarity that leads a female employee to see by receiving 80,000 won from male customers who had access to the said marina business establishment once from the above marina business establishment to the sexual organ.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. No person in violation of the Educational Environment Protection Act shall engage in any business publicly notified by the head of a female family, such as sexual traffic brokerage business, within an educational environment protection zone;

Nevertheless, in the E kindergarten located in Kimhae-si D, the Defendant operated a place of business without permission, as described in paragraph (1) above, in a separate educational environment protection zone within approximately 200 meters, and engaged in the act of arranging sexual traffic.

Summary of Evidence

Application of Acts and subordinate statutes to photographs on the screen to the defendant's legal statement in the police interrogation protocol and in the educational environment protection zone of the employee's statement;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (the occupation of engaging in the business of arranging commercial sex acts), Article 16 (1) and Article 9 subparagraph 13 of the Educational Environment Protection Act (the occupation of a person who is prohibited within an educational environment protection zone) concerning criminal facts;

2. Selection of an alternative fine for punishment;

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

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

5. The Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (40,000 won out of 80,000 won for sexual traffic)

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