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Defendant
A shall be punished by imprisonment with prison labor for ten months, and by a fine of three million won.
Defendant
B The above fine shall not be paid.
Reasons
Punishment of the crime
1. Defendant B is a person who works as a marin of “D” in the Gangseo-gun C.
On July 15, 2017, at around 12:00, the Defendant received a call from E, a multi-party customer, to “whether there is a second-party weather,” and introduced A before the same day, and then arranged for sexual traffic by having A receive KRW 200,000 from E and receive KRW 20,000 from E, at the same 17:30 on the same day.
2. Defendant A
A. A. On July 15, 2017, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (sexual traffic) committed sexual traffic by receiving KRW 200,000 from E according to the arrangement of B, such as the statement in paragraph (1), at the Felho-gun Felho-gun, Gangwon-do, and committing sexual traffic once.
B. Around 04:30 on July 16, 2017, the Defendant reported to the effect that “the Defendant was raped from E in the vicinity of the Crossing-gun on July 15, 2017,” and stated to the same effect as the Defendant was investigated by the Gangwon-do Police Station’s Living Safety Traffic and the Women’s Juvenile Affairs Office on the same day.
However, in fact, the Defendant, like the above “A”, was in a sexual intercourse with E in return for sex relations, and was only sexual intercourse under the agreement, and did not have been raped from E.
In this respect, the defendant committed a false accusation for the purpose of having E receive criminal punishment.
Summary of Evidence
1. Legal statement of witness E, H, I, and J respectively;
1. Each protocol concerning the examination of suspects of E, Defendants, and I (including the cross-examination part);
1. Statement to the Prosecutor's Office;
1. Each police statement made against the Defendants and H
1. Reports on internal investigation, each investigation report and recording records;
1. Application of each Act and subordinate statutes concerning criminal records;
1. Defendant A of the relevant legal provision regarding criminal facts: Article 156 of the Criminal Act, Article 21(1)2 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.