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(영문) 대구지방법원 서부지원 2019.06.26 2019고단988
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the owner of a building in Daegu Western-gu B.

No person shall provide funds, land or buildings, knowing that they are provided for sexual traffic.

Nevertheless, from February 10, 2019 to February 25, 2019, the Defendant provided the above building with the awareness of the provision of sexual traffic in C in the second floor of the above building.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each statement of E and F;

1. Reporting on detection of suspected victims of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., investigation reports (as to recording recording at the time of the enemy's appearance), investigation reports (in addition, details of a suspect's DNA phone), investigation reports (in addition, statement of suspect D phone concerning the scale of the business place of "C") and investigation reports (in addition

1. Application of Acts and subordinate statutes to photographs inside the site, copies of a general building register, and copies of a real estate lease contract;

1. Article 19(1)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (hereinafter “Act on the Punishment of Acts of Arranging Sexual Traffic”) provides that “Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic shall apply mutatis mutandis to the indictment of this case.” However, in light of the fact that there is no statement in the facts charged that the defendant had engaged in the act of arranging sexual traffic, etc., this is deemed to be a clerical error under Article 19(1)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic.

Selection of Fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's reasons for sentencing of Article 334 (1) of the Criminal Procedure Act requires strict punishment against the defendant in light of the fact that the defendant had already been investigated by the police in the second floor of the building in the crime of D prior to the instant case, even though he had been investigated by the police before the instant case, continues to provide the above building for sexual traffic.

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