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(영문) 부산지방법원 2013.11.13 2013고단6223
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. The defendant A shall be punished by imprisonment for eight months, and the defendant B shall be punished by a fine of two thousand won.

2. Defendant B is the above fine.

Reasons

Punishment of the crime

Defendant

A is the owner of the E business in the third and fourth floors of the 3rd floor and the 4th floor of the Busan Seo-gu D, and the defendant B is the employee of the above business.

1. At around 21:00 on July 22, 2013, Defendant A received 130,000 won from the male grandchildren in the name of the above E business establishment, who employed female employees F, etc. and found the place, as the price for sexual traffic, and provided the female employees with 50,000 won out of the price for sexual traffic, and had the said female employees sexual intercourse with the male grandchildren from July 15, 2013 to July 22, 2013, and operated the said business in the same manner.

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

2. Defendant B, while engaging in the act of arranging sexual traffic, etc. for the same business as that of paragraph (1), provided guidance to the room where female employees are receiving the price of sexual traffic from customers in order to assist them with awareness of the fact, and aided and abetting female employees in violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.) by facilitating the act of arranging sexual traffic.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Application of the photographic Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) Defendant A: Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

B. Defendant B: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 32(1) of the Criminal Act

1. Selection of punishment;

(a) Defendant A: Imprisonment (a) with prison labor (the degree of commission of crime as a business owner is heavy);

B. Defendant B: Selection of a fine (a relatively low degree of employee’s participation in the crime)

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

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act (no criminal record nor any criminal record of the same kind and the suspended execution);

1. Defendant A: Article 48 (1) 1 of the Criminal Act;

1. Defendant B of the provisional payment order:

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