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(영문) 울산지방법원 2018.07.18 2018고단1128
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Punishment, etc. of Arrangement, etc. of Commercial Sex Acts (e.g., brokerage, etc. of commercial sex acts) (the Defendant is a person who operates a marina business with the trade name “E” on the north-gu D and the second floor of Ulsan

On March 15, 2018, the Defendant received 50,000 won in cash in return for sexual traffic from the police officer F who pretended to purchase sex at the “E” around March 21, 2018, and was F.

In 2 times, sexual traffic has been arranged for business by having female workers enter the G of sexual traffic, and arranging sexual traffic.

2. No person who violates the Educational Environment Protection Act shall engage in any activity or install business that provides services that may cause physical contacts between unspecified persons, exposure to a sealed part, etc. or cause similar acts in an educational environment protection zone for the purpose of protecting the health, sanitation, safety, learning, and educational environment of students;

Nevertheless, on March 15, 2018, the Defendant operated a marina business establishment with the trade name “E” located in “I kindergarten” located in “Y in Ulsan-gu, Ulsan-gu, U.S., and located in “E” at a distance of 186.6 meters in a straight line, and operated an act or facility prohibited in an educational environment protection zone.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (as to the transfer of personal data from a witness G),

1. Investigation report (investigation into the distance measurement from the following guidance):

1. Investigation report (to listen to an excursion ship of the crackdown police station);

1. Investigation reports (Report on confirmation of GIST in educational environment protection zones);

1. Application of Acts and subordinate statutes to report on investigation (the details and method of enforcement, whether I kindergarten business is operated, etc.);

1. Relevant Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc.; Prohibition of Acts within an alternative educational environment protection zone for the types of crime: Articles 16 (1) and 13 of the Act on the Protection of Educational Environment, Articles 9 and 19 of the same Act, and the choice of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (to the extent that the period of both crimes is aggregated) of the Aggravation of Concurrent Crimes.

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