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(영문) 서울중앙지방법원 2015.03.19 2014고단9585
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment with prison labor for not less than eight months and by a fine not exceeding six million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

A food service business operator shall prevent acts disturbing public morals in his/her business establishment, and no person shall arrange sexual traffic.

The Defendant is a person who actually operates a food service business establishment located in the third floor located in Jung-gu Seoul Metropolitan Government D.

At around 02:30 on August 7, 2014, the Defendant operated a business in the same manner from April 2014 to October 2014, the Defendant: (a) provided guidance to the said “EM club” by 305; (b) provided that two female employees G are accommodated in the said club; (c) provided guidance to female employees, etc.; and (d) provided female employees with drinking and singing with customers, and (e) provided them with drinking and singing with music by hand; and (e) provided that they operated a business in the same manner.

As a result, the defendant did not prevent acts of disturbing public morals in business places, thereby violating obligations of food service business operators and arranging sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police interrogation protocol to G or F;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Violation of matters to be observed by a food service business operator: the main sentence of Article 97 subparagraph 6 of the Food Sanitation Act and Article 44 (1) of the same Act;

(b) The business of arranging sexual traffic: Articles 19 (2) 1 and 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic; and

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 3, and 50 of the Criminal Act (within the scope of combined long-term punishments);

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

1. Suspension of execution under Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that a person who has been sentenced to a fine for the same crime of violating the Food Sanitation Act has the past record of being sentenced to a fine; however, the said “EEM club” is seriously against his/her mistake by closing his/her business

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, the age, character and conduct, family relation of the defendant, and family relation.

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