Text
Defendant
A Imprisonment for eight months, and Defendant B shall be punished by a fine of seven thousand won,00,000 won.
However, as to Defendant A, this shall not apply.
Reasons
Criminal facts
1. Defendant A is a person who operates a business establishment with shower facilities and a waiting room installed with the trade name, "D" located in Heung-gu Seoul Metropolitan Government C 505 and with which sexual intercourse can be performed.
No one shall arrange sexual intercourse with unspecified persons in return for receiving or promising any money, valuables or other property benefits.
Nevertheless, at around 21:300 on September 2, 2014, the Defendant provided guidance to the smuggling of the above establishment so that he can receive KRW 1.20,000 from the police officer who pretended to be a customer through B, and then arranged commercial sex acts for unspecified customers who find the above establishment from August 2, 2014 to September 2, 2014.
2. Defendant B, despite being aware of the fact that the act of arranging sexual traffic is performed at the time and place specified in paragraph (1), aided and abetted the intermediation of sexual traffic of A by carrying in a smuggling, a female sexual traffic, E.
Summary of Evidence
1. Defendants’ respective legal statements
1. A E-document;
1. Application of investigation report (record files of conversations between the suspect B at the time of the enemy's release) Acts and subordinate statutes;
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and choice of imprisonment
B. Defendant B: Article 19(2)1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.; Article 32(1) of the Criminal Act; Article 32(1) of the Criminal Act
1. Statutory mitigation (Defendant B) Articles 32 (2) and 55 (1) 6 of the Criminal Act;
1. Article 70 (1) and Article 69 (2) of the Criminal Act in the custody of a workhouse (Defendant B);
1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da12
1. Article 334 (1) of the Criminal Procedure Act (Defendant B);