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(영문) 대전지방법원 천안지원 2016.02.05 2015고단1961
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by imprisonment of 4 months, Defendant C and D by a fine of 3,00,000 won.

Reasons

Punishment of the crime

1. Defendant A and Defendant B are operators of “G” located in the north-gu, west-gu, west-gu, Seoul (hereinafter “the instant establishment”), and Defendant B is a person who manages the instant establishment when there is no Defendant A while cleaning at the instant establishment.

In collusion, the Defendants employed female employees from the beginning of December 2014 to March 12, 2015 at the instant establishment, and employed female employees, including C, from male customers, and paid KRW 1.30,000 among them to female employees, and had female employees have sexual intercourse with customers, thereby engaging in commercial sex acts.

2. Defendant C received KRW 70,00 won at the main place of business around March 12, 2015 and sexual intercourse with H, as well as the same year from around February 14, 2015.

3. Until December 12, 200, sexual traffic was conducted by receiving KRW 70,00 per male customer and having sexual intercourse with four customers.

3. Defendant D, from March 5, 2015 to November 1, 2015, was engaged in sexual traffic by receiving KRW 70,000 per male customer and having multiple sexual intercourses with customers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Entry of I in the statement protocol made by the prosecution against I;

1. Statement of each protocol concerning the examination of suspect by the police against J, K, and H;

1. Entry of a written statement prepared L;

1. Application of statutes on site photographs;

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

(a) Defendant A and B: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. and Article 30 of the Criminal Act (the choice of imprisonment with prison labor);

B. Defendant C and D: Article 21(1) of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic (Selection of Penalty)

1. Defendant C and D detained in a workhouse: Article 70 (1) and Article 69 (2) of the Criminal Act;

1. Defendant A and B of the stay of execution: Article 62(1) of the Criminal Act ( considered in favor of the reasons for sentencing as follows);

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant C, D: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Defendant A and B

(a) Application of the sentencing criteria (types);

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