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(영문) 광주지방법원목포지원 2020.11.19 2020고단619
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. Defendant A shall be punished by imprisonment for a term of two years and a fine of five million won;

The defendant does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A was the owner of “D” in Sinpo City C, and Defendant B was the employee of the said establishment.

1. On October 22, 2019, Defendant A received 100,000 won from an unspecified male guest who was found to engage in sexual traffic, and had Defendant B, an employee, one time of sexual intercourse, and paid 60,000 won out of 100,000 won to Defendant B in return for the above 100,000 won. From around that time to November 26, 2019, Defendant B had Defendant B receive money and valuables from an unspecified male customer on 92 occasions in total, as shown in the attached list of crimes.

Accordingly, the defendant committed commercial sex acts for business purposes.

2. Defendant B, as described in paragraph (1), committed sexual intercourse by receiving money and other valuables from unspecified male customers over a total of 92 occasions as shown in the annexed list of crimes against them, which had found “D” as indicated in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. The application of Acts and subordinate statutes to the investigation report, notification of departments related to the report of 112 Incident, photographs, such as DNA and external photographs, photographs of suspect B-owned pockets, photographs of air conditioners, etc., photographs of air conditioners, etc. in which they are stored, letters related to job placement, pocket books, business notification certificates, records of seizure and the list of seizure records;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 19(2)1 and 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic (referring to imprisonment and choice of fines in general);

(b) Defendant B: Article 21(1) of the Act on the Punishment of Acts of Arranging Sexual Traffic (Selection of Fines)

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

1. Defendants to be 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. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant A: The Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.;

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