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(영문) 의정부지방법원 고양지원 2018.04.19 2017고단3897
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From June 2017 to September 1, 2017, the Defendant: (a) employed the head of office D and female E from the “C” on the second floor of the Defendant’s operation of the building B in Goyang-si, Yongsan-si; and (b) directed the guest room by receiving approximately KRW 40,000 to KRW 95,00 from the customers who found the place to receive approximately 40,000 to KRW 95,00 of the sexual traffic price; and (c) assisted the female employee E, etc. to act similar to the guest.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against E or D;

1. A protocol of seizure and a list of seizure;

1. On-site photographs and Internet advertisements;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense and Article 19 of the Act on the Punishment of such Acts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. After Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (102 pages of evidence);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant, as the owner of the instant sexual traffic business establishment, is not a considerable amount of criminal profits acquired by the operation of the instant sexual traffic business establishment, and also publicized the instant sexual traffic business establishment through the Internet advertisement. The act of arranging sexual traffic does not have a significant social harm, such as harming the sound sexual culture and good morals by commercializing women's sex, and the act of arranging sexual traffic is not a significant amount of harm to the society, and the act of arranging sexual traffic is against the defendant, even in order to prevent the spread of the illegal sexual traffic business establishment and to establish a sound sexual culture, it is necessary to cut off and severe punishment against the owner who operates the illegal sexual traffic

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and there is no criminal record of the same kind, etc.

In addition, the records of this case, such as the defendant's age, sex, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc.

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