[1] The meaning of "similar sexual intercourse" under Article 2 (1) 1 (b) of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. and the method of determining such act

[2] The case holding that the act of causing a female employee to see the sexual organ of a marina business place by hand constitutes "similar sexual intercourse" under Article 2 (1) 1 (b) of the Act on the Punishment of Acts of Arranging Sexual Traffic

[1] Considering the legislative intent of the Act on the Punishment of Acts of Arranging sexual traffic, such as eradicating sexual traffic, protecting the human rights of the victims of sexual traffic, and the provisions of Article 2(1)1 of the same Act, which deal with acts similar to sexual intercourse without any distinction, “similar sexual intercourse” under Article 2(1)1(b) of the same Act refers to the act of inserting the body inside the body, such as mouth and anus, or physical contact to obtain at least sexual satisfaction that is similar to sexual intercourse. Whether certain acts constitute a physical contact to obtain sexual satisfaction to a degree that is similar to that of sexual intercourse should be determined by comprehensively assessing the place where the act was committed, the picture of the actor, the specific content of the act, the degree and degree of sexual intercourse, and the degree of sexual satisfaction thereby, etc.

[2] The case holding that the act of a female employee of a marina business place caused sexual entertainment by suffering a short massage and anti-retailing straw in the fast room where bed and caused a male customer's body, and then let the customer satise with a correct hand off all of the guest's clothes, and satise the guest's sexual organ with a correct hand, and let the customer satise with a sexual satisfaction, as the sexual intercourse was committed, constitutes "similar sexual intercourse" as provided by Article 2 (1) 1 (b) of the Act on the Punishment of Acts of Arranging Sexual Traffic

[1] Article 2 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic / [2] Article 2 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic

Defendant

Defendant

Law Firm Chang-Gong, Attorney misunderstanding-in-law

Seoul Central District Court Decision 2005No2338 Decided October 12, 2005

The appeal is dismissed.

We examine the grounds of appeal.

Article 2(1)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic provides that "the term "sexual traffic" means an act of receiving or promising money or other property benefits against an unspecified person and falling under any of the following items or becoming the other party thereto." In light of the legislative intent of the above Act and the relevant provisions of the above Act, which are dealing with without distinguishing sexual intercourses from sexual intercourses with the legislative intent of the above Act and the protection of human rights of the victims of sexual traffic, the term "similar sexual intercourses" as referred to in the above Act means an act of physical contact to obtain sexual satisfaction at least similar to sexual intercourses. Whether a certain act constitutes an act of sexual intercourse to obtain sexual satisfaction to the extent that it can be seen as similar to sexual intercourses, the determination of whether the act constitutes the act of sexual intercourses in question, the place where the act of sexual intercourses was conducted, the degree of sexual satisfaction and degree of the act of sexual intercourse in question, the normative satisfaction of the person who committed the act in question, as a whole, shall be made.

Examining the evidence legitimately admitted by the court below in light of the records, in a marina business where the defendant was operated, it is recognized that a young female employee of a short stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale stale staleth, and let the customer who reached the sexual satisfaction stale stale stale st.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Young-ran (Presiding Justice)