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(영문) 서울서부지방법원 2020.04.29 2020고단733
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From May 13, 2019 to June 22:30, 2019, the Defendant committed a business of arranging sexual traffic, etc. by having foreign women D(n, 19 years of age) work as an employee under the Cheongdong-gu Office Office Btel C from around May 13, 2019, posted an advertisement on a commercial sex business site, such as F’s “E, while operating a commercial sex business establishment,” and by having the male who reported the advertisement do sexual sex acts with the above D and sexual intercourse on the condition that they receive the price for sexual traffic from KRW 100,000 to KRW 260,00.

2. No person who violates the Immigration Control Act shall employ any foreigner who has no status of sojourn eligible for employment activities;

Nevertheless, the Defendant, at the date, time, and place specified in Paragraph (1), employed as an employee the status of stay that does not have the status of stay to engage in job-seeking activities while operating a sexual traffic business establishment, as seen above.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of a police officer regarding D;

1. Each police suspect examination protocol on G, H, I, J, K, L, M, N,O, P, and Q;

1. Each report on internal investigation (attached to a written accusation filed by the Immigration Control Act, details of control and on-site circumstances, and immigration control Act);

1. Investigation report (verification of sex purchase by way of text messages from businessphones);

1. Details of advertisement closure photographs and each text message;

1. Application of the existing Acts and subordinate statutes on the seized mobile phone (No. 1);

1. The reasons why the applicable provisions of Acts are written in the indictment under Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, etc. concerning criminal facts and the selection of punishment, are to guarantee the defendant's right of defense by clarifying legal evaluation of the facts charged. Thus, even if there is any error or omission in the entry of applicable provisions of Acts, the effect of prosecution does not affect unless it does not give a substantial disadvantage to the defendant's defense, and it is also a court.

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