logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 영월지원 2020.04.28 2020고단55
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment with prison labor for a period of ten months and a fine of three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

At around 01:00 on September 4, 2019, the Defendant: (a) directed the police officers belonging to the Taebag Police Station that disguisedd customers from B’s house in Taebag-si, B, and (b) provided guidance to the first room of the second floor; (c) provided sexual traffic women D with sexual traffic in the above room.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the statement of each police officer made D;

1. Application of Acts and subordinate statutes to telephone conversations details, field photographs, CCTVs, site photographs, investigation reports (related to cellular phone records), relevant photographs, investigation reports (related to recording records), dialogues, investigation reports (related to field speculation police officers) and investigation reports (related to field speculation police officers);

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense;

1. Imprisonment with labor and a fine concurrently pursuant to Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. The gist of the assertion is that the instant public prosecution was instituted on the basis of an illegal naval investigation.

2. Determination

A. The investigation agency’s act of inducing a person who does not have the original criminal intent to commit a crime by means of deception, attack, etc., and thereby arresting the criminal is unlawful.

Whether it constitutes an illegal undercover operation in a specific case should be determined by comprehensively taking into account the type and nature of the relevant crime, the status and role of the inducer, the details and method of the incentive, the response of the inducer, the history of the punishment of the inducer, and the illegality of the inducing act itself

(See Supreme Court Decision 2006Do2339 Decided July 12, 2007). B.

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the Defendant had the intent to arrange sexual traffic if the customer wants to engage in sexual traffic before the control police officer requested the sexual traffic.

arrow