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(영문) 청주지방법원 영동지원 2018.04.12 2017고단130
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From August 3, 2016 to September 7, 2016, the Defendant violated the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic (such as brokerage, etc. of sexual traffic) provided two rooms on the 1st floor of the U.S. sand Corcop D1, along with the U.S.A., from around August 3, 2016 to around September 7, 2016, the Defendant operated a sexual traffic business establishment by taking charge of recruiting women to engage in sexual traffic and managing overall business establishments, and C operated a sexual traffic business establishment by taking charge of leasing a business establishment, soliciting customers, and managing funds, etc. while employing sexual traffic women E, F and G as employees, and had male customers visiting the said business establishment do sexual intercourse with the said women of sexual traffic by receiving 220 hours per hour from them.

Accordingly, the defendant conspireds with C to arrange sexual traffic for business purposes.

2. Even though the Defendant is not a narcotics handler, the Defendant, at around 02:00 on August 5, 2016, posted the marijuana of 1/1, to the pipe at the fixed parking lot for the building of the business establishment as described in paragraph (1), and smoked in a way of smoking by putting the mari in a pipe.

Summary of Evidence

1. Statement by the defendant in court;

1. Part F and E in the protocol of suspect interrogation of the police officer on April 17, 2017 against the defendant

1. Each statement on narcotics appraisal (the sequence 15,38 of the evidence list);

1. Application of the Acts and subordinate statutes on mobile phones and advertising photographs;

1. Punishment of the relevant criminal facts, Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Article 30 of the Criminal Act, Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Narcotics Control Act (the point of a smoking in marijuana) of the Act on the Control of Narcotics, etc., and imprisonment with prison labor for each choice;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

5. With respect to “unclaimed marijuana”, which is the original facts charged under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., the Defendant may not order the collection of additional charges unless the amount of marijuana smoked by the Defendant is specified (see, e.g., Supreme Court Decision 2016Do16170, Dec. 15, 2016).

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