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(영문) 제주지방법원 2017.01.11 2016고단2468
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of 1,500,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A: (a) around May 17, 2016, the business owner operating “D” in Jeju-si; and (b) around May 22:50, 2016, at the foregoing business establishment, the male customers received KRW 120,00 from the male customers to contact with “E who is a sexual traffic woman; (c) let the said business establishment enter into the said business establishment; (d) let the said male customers and sexual intercourse with the said male customers; and (e) let the said male customers take profits of KRW 60,00 as a broker fee, from November 15, 2015 to May 17, 2016, Defendant A engaged in activities, such as arranging sexual traffic, by arranging sexual traffic with male customers and female customers.

2. Defendant B was an employee of “D” as indicated in paragraph (1), from March 2, 2016 to May 22, 50, 2016, and at the above establishment from May 17, 2016, Defendant B, despite being aware that the said establishment of “D” was engaging in engaging in engaging in engaging in engaging in the act of arranging sexual traffic, he received monthly pay of KRW 400,000,00 and clean up inside the said establishment and clean up the stairs, etc. of the said establishment. On the face of the said establishment, Defendant B, who received customers from the carter on behalf of the said Plaintiff, was able to easily perform the act of arranging sexual traffic.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. Statement made by the police for E;

1. A E-document;

1. Recording records;

1. A report on investigation;

1. Application of statutes on 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(2)1 of the Act on the Punishment of Acts, such as Mediation, etc. of Commercial Sex Acts; Article 32(1) of the Criminal Act; Article 32(1) of the Criminal Act; selection of fines

1. Defendant B who is legally mitigated: Article 32 (2) and Article 55 (1) 6 (Accessories) of the Criminal Act;

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 A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B: The grounds for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

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