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(영문) 광주지방법원 2017.09.22 2017고단3508
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, who employs female employees in Gwangju-gu B and 2, had been running a marina business in the trade name called "C", was willing to arrange sexual traffic against customers who find the above business.

From July 24, 2017 to July 25, 2017, the Defendant received KRW 5 to 100,000 from his/her name in the said establishment, and informed the said establishment to the inside room, and had female employees D sexual intercourse with a similar sexual intercourse in a way that allows customers to have sexual intercourse with her sexual intercourse or hand and her sexual organ against them.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect examination of the police in D;

1. The content of conversation;

1. Report on internal history (hereinafter referred to as “F” and attaching on-site photographs), investigation report (referred to as “H” advertising photographs posted by a person under consideration in “G”);

1. Application of Acts and subordinate statutes to police seizure records (voluntary submission), lists of seizure, investigation reports (Attachment of records of seizure - one copy of the place of business), and one book of seizure;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation, etc. of Selective Commercial Sex Acts, concerning facts constituting an offense and Article 19 (2) 1 of the same Act and selection of fines;

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

1. The former part of Article 25 (No. 1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. and Article 48 (1) of the Criminal Act (No. 2 and 3);

1. The latter part of Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection [where several persons in charge of the calculation of the amount of additional collection jointly engage in acts, such as brokerage, etc. of sexual traffic, if it is impossible to confiscate money, valuables and other property acquired from such crime, the value of profits actually acquired by each accomplice shall be additionally collected (see Supreme Court Decision 2009Do2223, May 14, 2009, etc.). 350,000 won [ = KRW 700,000 due to the brokerage of sexual traffic of this case x 1/2 (62 and 63 of the investigation records) of the defendant] on the grounds of sentencing, as follows:

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