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(영문) 부산지방법원 서부지원 2018.07.10 2018고단319
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A Imprisonment with prison labor for six months, Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A from October 15, 2017 to October 17, 2017

7. Around 22:45, around Busan, the five-story building located in Seo-gu, Busan was leased to operate the business in the trade name of “E” with 7 facilities equipped with the beds and shower rooms. Around 22:45, the business was conducted by having two female employees visit the business place and receiving 80,000 won for sexual traffic and allowing female employees and sexual intercourse with other female employees to engage in sexual intercourse.

2. No person who intends to provide funds, land, or buildings with sexual traffic shall be aware of the fact that such goods are provided for sexual traffic;

Nevertheless, around September 2017, the Defendant: (a) knew that the above building was engaging in the business of arranging sexual traffic in the above building, and (b) leased the above building to the above A; (c) caused the said A to engage in sexual intercourse in return for payment from the customers; and (d) caused A to engage in sexual intercourse in the act of arranging sexual traffic.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each report on investigation;

1. Application of statutes concerning certified copies of real estate register, photographs at control sites, and field photographs;

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, such as Mediation, etc. of Commercial Sex Acts, and selection of imprisonment;

B. Defendant B: Article 19(1)1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts, and Selection of fines

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

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B: Defendant B’s order of provisional payment: The grounds for the sentencing of Article 334(1) of the Criminal Procedure Act, starting to engage in the business of arranging sexual traffic for the reason of sentencing, immediately is crackdowned, and the crime is committed within a short time, and the Defendants are the first offender who has no record of punishment, the confession and reflect of the crimes, and the scope of recommended punishment according to the sentencing guidelines for Defendant A, among the conditions of sentencing, such as the Defendants’ age, sexual conduct, means and consequence of the crimes, and the circumstances after the crimes: sexual traffic.

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