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(영문) 의정부지방법원 고양지원 2016.05.26 2016고단840
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A Imprisonment for eight months, Defendant B shall be punished by a fine of 5,00,000 won, and Defendant C shall be punished by a fine of 1,50,000 won.

Reasons

Punishment of the crime

1. Defendant A and Defendant B’s joint crime is the owner of a business establishment of “G” located in the Gyeyang-gu F and the third floor in Gyeyang-gu, Gyeyang-gu, and Defendant B is the employee of the above business establishment.

Defendant

A, from November 2, 2015 to March 22, 2016, from March 22, 2016 to March 06: (a) employment of H, I, and C from the above “G” as a female sexual traffic, and (b) the Defendant B provided the said female sexual traffic with a secret room and provided the said female sexual traffic with a secret room, and (c) Defendant B provided the said female sexual traffic with a secret room and provided the said female sexual traffic with a sexual intercourse with the said female sexual traffic, upon receiving 10,00 to 190 to 190,000 won as the said female sexual traffic was discovered.

As a result, Defendants conspired to act as commercial sex acts such as brokerage.

2. On March 20, 2016, Defendant C, at the place specified in paragraph (1), engaged in sexual intercourse with two customers around March 21, 2016, on condition that the Defendant received KRW 400,000 per day from A, an operator of the said “G”, and with two customers around March 21, 2016, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of the suspect of the defendant A or B by the prosecution;

1. Each police statement made to H and I;

1. A general list of seized articles, a secret record, and a list of seized articles;

1. On-site photographs of the search and seizure warrant;

1. Application of Acts and subordinate statutes to a report on investigation (report on the calculation of an additional collection charge);

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, Including Mediation of Commercial Sex Acts, Etc. and Article 30 of the Criminal Act (the choice of imprisonment);

B. Defendant B: Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts, Article 30 of the Criminal Act (elective selection)

C. Defendant C: Article 21(1) of the Act on the Punishment of Acts, Including Mediation, etc. of Sexual Traffic (Selection of Penalty)

1. Defendant C who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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