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(영문) 대전지방법원 홍성지원 2016.09.20 2016고단499
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

[Defendant A] Defendant A is punished by imprisonment with prison labor for eight months.

However, as to Defendant A, it shall be for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

C is the owner of the building D on the ground of Chungcheongnam-gun, the defendant A is a person who operates the Maz business with the trade name of "E" on the second floor of the above building, and the defendant B is an employee of the Mazzzz.

1. From April 2015 to February 17, 2016, Defendant A established 7 studio studio in the instant 'E’ business establishment from around May 2015 to around February 17, 2016, and, after receiving 100,000 won from customers, Defendant A arranged commercial sex acts by allowing female employees, such as B, to have sexual intercourse with male customers.

2. Defendant B: (a) around 11:00 on February 17, 2016, the Defendant received 100,000 won from customers at the “E”-Ma branch office, and engaged in sexual traffic by having sexual intercourse with male customers.

3. Although Defendant C knew of the fact that F, G, and H, the former business owner of the foregoing “E” Ma, was regulating sexual traffic brokerage business on the second floor of the above building owned by the Defendant, Defendant C provided A with a place of sexual traffic by allowing the operation of a marina shop at the same place on May 2015, thereby allowing A to conduct sexual traffic business as described in paragraph (1) so that A may conduct sexual traffic business as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Investigation report (at the time of crackdown, etc.);

1. A report on control and an explanatory note of the business place;

1. Court rulings (number 30), each notification, and each contract for the lease of commercial buildings;

1. Application of the photographic Acts and subordinate statutes;

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

(a) Defendant A: Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (the choice of imprisonment);

B. Defendant B: Article 21(1) of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts (the selection of punishment, confession and reflective nature, the period of participation by employees is shorter, and the act committed for the purpose of livelihood is considered to be committed for the sake of livelihood)

C. Defendant C: Article 19 of the Act on the Punishment of Acts such as Arranging Sexual Traffic.

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