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(영문) 의정부지방법원 고양지원 2013.11.07 2013고단1511
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, as to the Defendants, each objection is made against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who operates the F Mazine in Gyeyang-gu E, Gyeyang-gu, and Defendant B is a person in charge of the aforesaid Fazine management.

1. At around 22:00 on July 16, 2013, the Defendants received KRW 110,00 from G, who was found to be a customer, as the price for sexual traffic, from G, and provided information to a massage room, and let female employees H s s s s s s flick the sexual organ of G with their hands, and s s s sflick the sexual organ as above.

Accordingly, the Defendants conspired to commit acts such as arranging sexual traffic for business purposes.

2. On July 16, 2013, at around 22:10, the Defendants: (a) received KRW 110,00 from the I, who was found to be a customer, as the price for commercial sex acts; (b) directed the J as a female employee, by receiving KRW 110,00 from the I, as the price for commercial sex acts; and (c) had the J as a female employee scambling the I’s sexual organ by hand, and scam the sexual organ below.

Accordingly, the Defendants conspired to commit acts such as arranging sexual traffic for business purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol of the Defendants, J, H, G, and I

1. Seizure records;

1. Photographs of sexual traffic proceeds;

1. Application of Acts and subordinate statutes to each investigation report (debrising circumstances and field photographs);

1. Relevant Articles of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. and Articles 19 (2) 1 of the Criminal Act and Article 30 of the Criminal Act (the point of arranging commercial sex acts through businesses and the choice of imprisonment with prison labor);

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants of a suspended sentence: Article 62(1) of the Criminal Act (each of the following circumstances shall be taken into account for the reasons for sentencing);

1. Defendants of a probation order: Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Defendant B: The reason for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic is regarding the operation of illegal marina business establishments, amusement business establishments, etc. in the past.

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