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Reasons
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(영문) 창원지방법원 마산지원 2016.08.16 2016고단600
성매매알선등행위의처벌에관한법률위반(성매매알선등)
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1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From March 1, 2016 to May 18, 2016, Defendant A employed four of the Defendant’s operation “F” on the third floor of the building in Changwon-si E-gu, Changwon-si as an employee, who is a foreign woman of the native nationality, such as G, H, I, and J, who found the place of business, by receiving KRW 120,00 won in cash from an unspecified male guest, and by allowing the said female employee to have sexual intercourse with the said male guest.

2. Defendant B, at the time, at the time, and at the place specified in paragraph (1), knew of the fact that the above A had engaged in the act of arranging sexual traffic as above, he was able to facilitate the act of arranging sexual traffic, such as cleaning and singing away at the above business establishment, or guiding the above male customers and the above female employees by looking at a kacker on behalf of A, etc.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to G, H, I, and J;

1. The K's statement;

1. A protocol of seizure and a list of seizure;

1. A criminal investigation report (Attachment to a detailed statement of account transactions in the name of the suspect), and a criminal investigation report (a specific report on the amount collected as a penalty by the suspect A);

1. Application of each statute on photographs;

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. (the choice of imprisonment);

B. Defendant B: Article 19(2)1 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc. and Article 32(1) of the Criminal Act (elective selection)

1. Defendant B who is eligible for mitigation: Article 32(2) and Article 55(1)6 of the Criminal Act;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A: Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of sexual traffic, Article 48(1)1 of the Criminal Act (public prosecutor also requests the confiscation of the seized evidence Nos. 1 and 3)

"Goods provided to criminal acts" under Article 48 (1) 1 of the Criminal Act is an act of committing a crime.

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