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(영문) 인천지방법원 2019.08.08 2019고단3234
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The Defendant is a person who, from July 2018, operates a lodging business under the trade name of “C Inniversity” in Incheon Dong-gu, Incheon.

1. Any person who violates the Public Health Control Act shall have the facilities and equipment prescribed by the Ordinance of the Ministry of Health and Welfare, such as accommodation business, and report it to the head of a Si/Gun/Gu;

Nevertheless, the Defendant did not report to the competent authorities, and provided accommodation facilities, such as bed, television, and bathing rooms, from July 2018 to March 6, 2019, and provided guest rooms to many unspecified customers, and provided them with accommodation fees of KRW 6,350,00 from long-term guests.

2. The Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) at around 01:40 on March 6, 2019, received a demand from D that “at least 40,000 won should be paid for the sexual traffic, women who will be sexually educated to pay for the sexual traffic,” and provided guidance to “(sexual traffic) once every 20 minutes”, and received KRW 40,000 as the price for the sexual traffic from D above.

Since then, the Defendant directed D as E inn's house, and arranged to enter a female whose name is unknown into the above E, thereby allowing the Defendant to engage in sexual intercourse.

Accordingly, the defendant arranged sexual traffic.

Summary of Evidence

1. Defendant's legal statement;

1. A letter of the person D;

1. The application of Acts and subordinate statutes concerning investigation reports (verification of unreported facts), signboards of places of business and photographs of facilities within places of business, business books, and photographing pictures;

1. Article 19 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense (the point of arranging sexual traffic and imprisonment with prison labor), Articles 20 (1) 1 and 3 (1) of the Public Health Control Act (the point of conducting lodging business and choice of imprisonment with prison labor);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act shall be the scope calculated by adding up the long-term punishments for two crimes; and

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