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(영문) 광주지방법원 2017.03.03 2016고단5848
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of four million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On July 2016, Defendant A: (a) leased the 7th floor of commercial buildings located in Gwangju Mine-gu; (b) employed female employees; and (c) had been willing to arrange sexual traffic against customers seeking to find out the 7th floor of commercial buildings located in Gwangju Mine-gu; and (d) operated a sexual traffic business establishment of “E”.

From July 2016 to October 5, 2016, the Defendant received 180,000 won from the nameless customers who find their places from E, and guide them to the relevant indoor room, and let female employees do sexual intercourse with customers.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. On September 2016, Defendant B: (a) served as the head of the business office “E” from the time to October 5, 2016 in order to assist the Defendant in engaging in commercial sex acts while operating “E” as seen above; (b) served as the head of the business office from around October 5, 2016; and (c) served as an internal guidance to engage in commercial sex acts by facilitating the commission of the crime by having customers who find out the place, receive a chemical check from the customers; and (d) served as an internal guidance to engage in commercial sex acts.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement in the police interrogation protocol against the Defendants, F, G, H, and I

1. Statement in the police statement before J; and

1. Application of Acts and subordinate statutes to a criminal investigation report (related to attaching field photographs);

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc., and Article 19 (2) 2 of the Act on the Punishment of Acts, Etc., Defendant B: Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, and Article 32 (1) of the Act on the Punishment of Acts, Etc., and Selection of fines;

1. Mitigation (Defendant B) Article 32(2) of the Criminal Act, Article 55(1)6 of the Criminal Act

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);

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

1. Subsequent to Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (Defendant A): Reporting on investigation (report on calculation of the amount of additional collection)

1. Each of the Defendants’ orders for provisional payment.

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