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Reasons
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(영문) 대전지방법원 천안지원 2018.03.30 2017고단2023
성매매알선등행위의처벌에관한법률위반(성매매알선등)
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Defendant

A Imprisonment for six months, and each of the defendants B and C shall be punished by a fine of 1.5 million won.

Defendant

B, Defendant .

Reasons

Punishment of the crime

1. From April 9, 2017 to May 11, 2017, Defendant A employed female employees D, E, and F on the condition that 110,000 won per time of sexual traffic, on the condition that male employees B, and C, etc. are provided monthly pay 3 million won, and puts a written advertisement on the Internet site, such as “G” hosting app, etc., and sent a female employee to female workers at a place designated by the customers, such as the telecom and a pact room, etc., and then arranged sexual traffic by receiving 150,000 won per hour from the customers.

2. Defendant B and Defendant C, despite being aware of the fact that they arrange sexual traffic with the business activities as described in the preceding paragraph, provided that they received KRW 3 million per month from A, provided that they are employed on the Internet website with the knowledge of the fact that they act as described in the preceding paragraph, and provided that they easily resisted the crimes of A, such as inserting an advertisement of sexual traffic on the Internet website, and driving a vehicle to attract female employees engaged in sexual traffic to male customers.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. A protocol concerning the examination of each police officer concerning H, D, E, or F;

1. Police seizure records;

1. A report on the results of analysis of digital evidence;

1. Application of Acts and subordinate statutes to investigation reports (on-site situations, etc.);

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, such as Mediation, etc. of Commercial Sex Acts, and selection of imprisonment;

B. Defendant B and Defendant C: Article 19(2)1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic; Article 32(1) of the Criminal Act; selection of each fine

1. Mitigation of aiding and abetting (Defendant B and Defendant C) (Articles 32(2) and 55(1)6 of the Criminal Act

1. Articles 70(1) and 69(2) of the Criminal Act, each of the Criminal Act, to detention in a workhouse (Defendant B and Defendant C);

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

1. Collection (Defendant A).

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