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(영문) 대전지방법원 2013.06.20 2013고단1065
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 04:00 on September 29, 2012, the Defendant, who violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.), arranged sexual traffic by having female employees F et al. look at the same place in the “D” located in the Daejeon Dong-gu, Daejeon, where the Defendant’s management, by having the inside room 20,000 won, 170,000 won, and 170,000 won, under the pretext of sexual traffic, from E, who was an employee of the said place, take the place as a sexual traffic, and let F, drink et al. take the place in the said business from around September 1, 2012 to the above temporary date, have the female employees F et al. find any similarity or sexual intercourse with the female descendants.

Accordingly, the defendant has engaged in arranging commercial sex acts for business purposes.

2. A person who intends to establish a massage place in violation of the Medical Service Act shall report to the head of the competent Gu, as prescribed by Ordinance of the Ministry of Health and Welfare, but the Defendant established a massage place without reporting it to the head of the competent Gu from September 18, 2012 to September 29 of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E, F, G, H, and I;

1. Each investigation report;

1. Application of Acts and subordinate statutes to sales books, medical care place ledgers;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and Articles 90, 82 (3) and 33 (3) of the Medical Service Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Taking into account the social hazard of acts mediating sexual traffic for the sentencing of Article 334(1) of the Criminal Procedure Act, the scale of business place and operating period, business methods (CCTV, smuggling, and secret passage installed and operated by sharing roles), the same type of fine and two times prior to the same type of fine, etc.

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