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(영문) 창원지방법원 진주지원 2017.02.07 2016고단965
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From September 10, 2015 to June 2016, the Defendant arranged for sexual traffic by having 170,000 won or 190,000 won in cash from many unspecified male customers who find out such places, with 8 rooms inside the Dama treatment room located in the second to fourth floor of the C building, and 6 rooms for the sexual traffic services involving shower facilities, and arranging sexual intercourse with 4 women, such as E, by having them settle 170,000 won in cash.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each protocol concerning the interrogation of a police officer in relation to F, E, G, H, I, J, K, L, or M;

1. Letters of the F;

1. Application of each of the existing Acts and subordinate statutes of subparagraphs 1 through 5 of seized evidence;

1. Articles 19 (2) 1 and 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of Sexual Traffic concerning facts constituting an offense;

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Article 48 (1) 2 of the Criminal Act to be confiscated;

1. Grounds for calculating the amount additionally collected in accordance with Article 25 of the Act on the Punishment of Acts, such as arranging sexual traffic;

1. The purpose of the collection under Article 25 of the Act on the Punishment of Acts of Arranging, etc. of sexual traffic is to deprive the offender of unlawful profits from the act in order to eradicate the act of arranging sexual traffic, etc. Therefore, the scope of the collection is reasonable to deem that it is limited to the profits actually acquired by the offender. In a case where part of the amount the offender received from the customer, such as arranging sexual traffic, has been paid to the sexual traffic female employees or the marry, the scope of the collection is limited to the profits actually acquired by the offender, excluding the price paid to the sexual traffic female employees and the marry, and the expenses paid in the course of engaging in the act of arranging sexual traffic (such as building rents, public charges, various operating expenses, etc

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