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(영문) 의정부지방법원 2017.11.02 2016고정1787
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a business owner who operates a 'F' telecom in the location of Pyeongtaek-gun E.

G was requested to contact when a person who engages in sexual traffic, and a customer who is found to have a baby to find a baby.

On 21:10 on 06. 09. 21:21:10 on 2016, the Defendant provided and arranged a place for sexual traffic, such as providing a male customer with a place for sexual traffic, by stating that male customers are not sexual traffic, and that the cost of sexual intercourse is 15:20,000,000,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness H in the third public trial records;

1. Two copies of a recording file;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 19 (1) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense and Article 19 of the Act on the Punishment of such Acts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination as to the assertion of the defendant and his/her defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act concerning the costs of lawsuit

1. Summary of the defendant and his defense counsel

A. In light of the circumstances leading up to the illegal detection of the instant crime, the prosecution of the instant case is unlawful as it was instituted through an illegal undercover operation.

B. The denied defendant of the facts charged in the instant case merely delivered a coffee to the customer upon the customer’s request, and does not arrange sexual traffic.

2. Determination

A. We examine the determination on the argument that it is an illegal undercover operation, but it is unlawful to arrest the criminal by inducing a person who does not have the original criminal intent by using deceptive means, schemes, etc., and thus, it constitutes an illegal undercover operation. Thus, whether it constitutes an illegal undercover operation in a specific case constitutes an illegal undercover operation, the type and nature of the crime, and the status and role of the inducer.

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