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(영문) 서울중앙지방법원 2019.06.20 2019고정475
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On September 21, 2018, the Defendant received KRW 40,00,00,00,00 from the “C” operated by the Defendant of Jung-gu Seoul, Seoul, the Defendant, from the police officer who was pretended to be a customer, the amount of sexual traffic, including the price for female sexual traffic, and provided sexual intercourse by allowing the Defendant, who was known to the general public, to whom the police officer was stationed, to enter into the E in which he was staying.

Summary of Evidence

1. Each legal statement of witness F and D;

1. On-site photographs, the defendant and his defense counsel's main agent

1. The summary of the assertion 1) The Defendant at the time of the instant case, even though he did not intend to arrange sexual traffic, the enforcement officer pretended to customers and operated by the Defendant C (hereinafter “instant inns”).

(2) The instant indictment procedure constitutes invalid in violation of the provisions of the law, and evidence collected as a result of such unlawful naval investigation cannot be admitted as evidence in accordance with the rules of exclusion of illegally collected evidence. (2) The Defendant is not capable of engaging in sexual traffic itself, and thus, constitutes an impossible attempt (or impossible crime) of arranging sexual traffic because it is impossible to arrange sexual traffic because it is an impossible to arrange sexual traffic because it constitutes an unacceptable attempt (or impossible crime).

3. In addition, the defendant did not intend to engage in the act of arranging sexual traffic, and the defendant's call to a female sexual traffic and entered the room where the controlling police officer exists, however, the controlling police officer arrested the female sexual traffic immediately, and did not actually engage in the act of arranging sexual traffic.

2. Determination

A. The testimony, etc. is made by a witness F who asserts that the indictment procedure is unlawful as it falls under the criminal inducing type of naval investigation.

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