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(영문) 제주지방법원 2008.8.14.선고 2008고단438 판결
가.성매매알선등행위의처벌에관한법률위반나.풍속영업의규제에관한법률위반
Cases

1. Violation of the Act on the Punishment of Acts of Arranging Sexual Traffic

(b) Violation of the Act on the Regulation of Amusement Businesses Affecting Public Morals;

Defendant

1.(a)(b) High ○ (42 years old, female)

2. A. (b) Fixed 00 (43 years old, female)

Prosecutor

Mak-hee

Defense Counsel

Attorney Song-ho et al., Counsel for the defendant

Imposition of Judgment

August 14, 2008

Text

Defendants shall be punished by imprisonment for four months.

However, with respect to 00 defendants, the execution of the above punishment shall be suspended for a period of two years from the date this judgment became final and conclusive. Nos. 1, 2 and 6 through 10 shall be forfeited from the defendant's senior ○○ and from the defendant's regular ○○.

Reasons

Criminal History Office

1. Defendant 1 high ○○

The defendant is a person who operates ○○ in the Jeju-si.

(a) Violation of the Punishment of Arrangement of Commercial Sex Acts;

At around 00:30 on February 11, 2008, the Defendant, at the above 00:0 on the above 00:30 on the day, engaged in the conduct of arranging sexual traffic, such as providing a place of sexual traffic, by having the sexual intercourse with a customer who is unable to know the name he had been replaced by his sexual intercourse, and providing a place of sexual traffic, etc. at the same place on the same day. At around 03:0 on the same day, the Defendant engaged in the conduct of arranging sexual traffic, etc. on two occasions, such as arranging sexual traffic, at the same place.

B. Despite the fact that the Defendant did not perform acts such as arranging sexual traffic at a public morals and place of business violating the Act on the Regulation of Amusement Businesses Affecting Public Morals, the Defendant committed the act of arranging sexual traffic by allowing sexual traffic to do so at a 00 lodging, which is a temporary custom and place of business like the preceding paragraph.

2. 피고인 정00 그인은 제주시 건입동에 있는 ★★여인숙을 운영하는 사람이다.

(a) Violation of the Punishment of Arrangement of Commercial Sex Acts;

피고인은 2008. 2. 14. 23:00경 위 ★★ 여인숙에서 이○민으로 하여금 화대 명목으로 4만원을 받고, 호객꾼(일명 '나까이')이 데리고 온 이름을 알 수 없는 손님과 1회 성교하도록 하여 성매매의 장소를 제공하는 등 성매매알선 등 행위를 한 것을 비롯하여 같은 해 1. 말경부터 같은 해 2. 17. 23:00경까지 이★민 등으로 하여금 같은 방법으로 별지 범죄일람표 기재와 같이 8회에 걸쳐 성매매를 하도록 하여 영업으로 성매매알선 등 행위를 하였다.

나. 풍속영업의규제에관한법률위반 풍속영업소에서는 성매매알선 등 행위를 하여서는 아니됨에도 불구하고, 피고인은 전항과 같은 일시경 풍속영업소인 ★★여인숙에서 위와 같은 방법으로 성매매를 하도록 하여 성매매알선 등 행위를 하였다.

Summary of Evidence

1. 피고인들의 각 법정 진술 1. 양★자, 이민, 이★순에 대한 각 경찰 피의자신문조서

1. Statement of each police officer on the number of 00 and the number of 00 residents;

1. Each protocol of seizure;

Application of Statutes

1. Relevant legal principles concerning facts constituting the crime;

Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 10(1) and Article 3 subparag. 1 of the Act on the Regulation of Amusement Businesses Affecting Public Morals

1. Formal concurrence (defendants);

Articles 40 and 50 of the Criminal Code

1. Selection of a sentence;

Each Imprisonment Selection

1. Suspension of execution (the defendant senior 00);

Article 62(1) of the Criminal Act

1. Drainable area (defendants);

The reason for sentencing under Article 48(1)1 of the Criminal Code

1. Although the defendant senior ○○○ had the record of punishment for the same kind of crime, the nature of the crime is not weak, such as committing the crime in this case even though it was committed, it is decided as ordered by taking into account all the circumstances such as the defendant’s age, character and conduct, family environment, and circumstances after committing the crime.

2. It is inevitable to sentence a sentence of imprisonment with prison labor on account of the nature of the crime, such as committing the crime committed again during the period of the suspension of the execution of imprisonment for the same crime: Provided, That it is so decided as per Disposition by taking into account all the circumstances, such as the fact that the defendant commits a crime against the wrong, the discontinuance of the operation, the invalidation of the existing suspension of the execution, the age of the defendant and the family environment, etc.

Judges

Judges Kim Gin-young

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