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(영문) 창원지방법원 마산지원 2016.09.21 2016고단599
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

50,600,000 won shall be additionally collected from the defendant.

2. Defendant B.

Reasons

Punishment of the crime

Defendant

A on November 24, 2011, the Changwon District Court sentenced five months to imprisonment for a crime of violation of the Act on the Punishment of Acts, such as the Mediation of Commercial Sex Acts, etc. (the brokerage of commercial sex acts, etc.) in the promotional support of the Changwon District Court, and completed the execution of the above punishment on April 29, 2012

Defendant

A is a person who operates E business on the fourth floor in Changwon-si, Masan-si, Masan-si, and Defendant B is an employee of the above business.

1. Defendant A: (a) from April 10, 2015 to June 1, 2016, Defendant A received 80,000 won in cash from male customers who found the said place from the price for sexual traffic; (b) provided cash to female employees, including Defendant B, etc.; and (c) provided them with a similar sexual intercourse by having them do the said male customers’ sexual intercourse; and (d) provided them with a similar sexual intercourse.

2. Defendant B performed a similar sexual intercourse, such as accepting 40,00 won in cash from March 1, 2016 to June 1, 2016, and receiving 40,000 won in return for sexual traffic from Defendant A, and making the said male customers fit for sexual intercourse.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the interrogation of the Defendants prepared by the public prosecutor

1. A protocol concerning the examination of suspect of the F prepared by the police;

1. A report on investigation (in relation to attachment of a site photograph) and an on-site photograph attached thereto;

1. Previous convictions before and after the judgment: To refer to inquiries about Defendant A, such as criminal history, report of investigation (reports on attachment of criminal records, including criminal records and reports on criminal records) and personal confinement status attached to the judgment and the application of statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (Appointment of imprisonment);

B. Defendant B: Article 21(1) of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts (Selection of Penalty)

1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

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

1. Defendant A: The latter part of Article 25 of the Act on the Punishment of Acts, Including Arranging Sexual Traffic (On the other hand, Defendant A).

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