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(영문) 광주지방법원 2016.07.20 2016고단2017
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. Defendant A shall be punished by imprisonment for six months and by a fine for 5,000,000 won, and Defendant B shall be punished by a fine for negligence of 3,00,000 won.

2...

Reasons

Punishment of the crime

1. From April 13, 2016 to August 18, 2016, Defendant A operated a sexual traffic business establishment with the trade name D from the fourth floor of the commercial building located in Gwangju City Mine-gu, Gwangju, Defendant A received 90,000 won from the name-free customers who find the place and provided guidance to the indoor room, and let female employees B do sexual intercourse with the said customers.

Accordingly, Defendant A arranged sexual traffic more than five times.

2. Defendant B, from April 13, 2016 to August 18, 201, found the place of Defendant B’s sexual intercourses over five occasions with the nameless customers and received KRW 90,00 in return.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Application of photographs, such as photographs inside D buildings and investigation reports (the frequency, etc. of arranging sexual traffic)-related Acts and subordinate statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Comprehensively, Articles 19(2)1 and 24 of the Act on the Punishment, etc. of Acts of Arranging sexual traffic, Article 19(2)1 and 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic,

B. Defendant B: Article 21(1) of the Act on the Punishment of Acts such as Mediation, etc. of Commercial Sex Acts (as a whole, each of the crimes stated in the facts constituting Defendant B’s judgment was prosecuted as substantive concurrent crimes.

However, even if the court recognizes the criminal facts charged as concurrent crimes and treats them as a single comprehensive crime, it does not affect the defense of the defendant, and thus, the court can punish them as a single comprehensive crime without changing the indictment. In the case of a single comprehensive crime, even if it does not specify the individual criminal acts specifically, if it specifies the time and termination period of the whole crime, method of the crime, the sum of the amounts of the crimes to be recovered or damaged, and the victim or the other party to the act, etc., the criminal facts should be specified (see Supreme Court Decision 87Do546, Jul. 21, 1987).

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