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(영문) 대구지방법원 2016.06.21 2016고단1858
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On March 28, 2016, the Defendant: (a) received KRW 100,00 from customers D as the price for sexual intercourse in the rest room operated by the Defendant, which was in the Cllock Group B, from customers D; and (b) had the female employees, engage in sexual intercourse. From August 4, 2015 to March 28, 2016, the Defendant received KRW 60,000 to KRW 10,00 from many unspecified male customers as the price for sexual intercourse or similarity from the said rest room; and (c) received the payment from the said unspecified male customers to March 28, 2016, and caused female employees to commit sexual intercourse or similarity.

Accordingly, the defendant has arranged sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A written statement of F and D;

1. On-site photographs, photographs of business registration certificate, and copies of lease contract;

1. Application of Acts and subordinate statutes to a report on investigation (report on calculation of criminal proceeds);

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic concerning facts constituting an offense and Article 19 (2) 1 of the same Act;

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

1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging sexual traffic;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - The more favorable circumstances: reflectivity, and absence of criminal records for the same kind of offense - Any other unfavorable circumstances: The full consideration of the Defendant’s age, sex, state of health, home environment, motive, means, consequence, and other various conditions of sentencing as indicated in the records of the instant case, including the circumstances after the crime.

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