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(영문) 인천지방법원 부천지원 2014.08.20 2014고단1443
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who operates a "D User" which has six rooms, one waiting room, and one shower room in Bupyeong-si, Ocheon-gu, Ocheon-si, and Defendant B is an employee of the above businesses.

1. Defendant A, from June 9, 2014 to June 12, 2014, employed “D user” to engage in female business, and had his/her female find out his/her name, received 100,000 won as compensation for sexual traffic from male customers, and arranged sexual traffic by allowing them to engage in sexual intercourse.

2. Defendant B

A. On June 9, 2014, the Defendant: (a) received KRW 100,00 from a customer who was unable to find out his/her name at the said establishment on his/her own; (b) received 100,000 won from him/her; and (c) engaged in sexual intercourse.

B. Around June 10, 2014, the Defendant: (a) received 100,000 won from a customer who was unable to find out his/her name at the said establishment at his/her bar on June 10, 2014; and (b) engaged in sexual intercourse with the Defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Records of seizure and the list of seizure;

1. Business registration certificate;

1. Application of Acts and subordinate statutes governing enforcement photographs;

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

(a) Defendant A: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (to select a fine in general)

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

1. Defendant B from 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 and 69(2) of the Criminal Act;

1. Defendant A: Article 48 (1) 1 of the Criminal Act;

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. The records and arguments of this case, including the confessions and objections of Defendant A, the fact that there was no record of punishment for the same kind of crime, the period of business is shorter, and the age, character, conduct and environment of Defendant, the details and motive leading to the instant crime, and the circumstances before and after the instant crime.

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