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(영문) 광주지방법원 순천지원 2017.08.18 2017고단1086
성매매알선등행위의처벌에관한법률위반(성매매)
Text

Defendant

A shall be punished by a fine of 2,00,000 won, and by imprisonment of 6 months, respectively.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

[criminal history] Defendant B (B before the opening of a name: C) was sentenced to imprisonment for eight months, suspension of execution of two years, and fine of three million won on April 2017, for a crime of violation of the Act on the Punishment of Acts, such as Intermediating of Commercial Sex Acts (such as brokerage of commercial sex acts, etc.) in order to support the Gwangju District Court of Gwangju District on April 12, 2017.

[Criminal facts]

1. On February 27, 2017, Defendant A received 150,000 won from E to the Agricultural Cooperative (G) account in F name, on condition that he/she has sexual intercourse with E in the E’s residence located in Ycheon-si D apartment.

Accordingly, the defendant was engaged in E and sexual traffic.

2. Defendant B, through “H,” etc., employed two female employees engaged in sexual traffic, including A, through the Internet job seeking site, and, by using “I” and “J” from January 2017, the Defendant is a person arranging sexual traffic by searching for a gender-purchasing male to a place where a gender-purchasing male is located, and allowing sexually female employees to engage in sexual traffic.

On February 27, 2017, the Defendant received 150,000 won from E to the Agricultural Cooperative (G) account in the name of F, which was known through the “J” of smartphone fishing in the French area of 23:15,00 square meters or less, and assisted A to engage in sexual intercourse, as in paragraph 1, with E.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Details of financial transactions;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (a copy of judgment);

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

A. Defendant A: Article 21(1) of the Act on the Punishment of Acts, such as Arranging Sexual Traffic, and Selection of a fine

B. Defendant B: Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. and selection of imprisonment

1. Article 37 of the Criminal Act for concurrent crimes (Defendant B): Provided, That Article 39 (1) of the Criminal Act shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Article 62 (1) of the Criminal Act (Defendant B) of the suspended execution;

1. The provisional payment order (Defendant A).

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