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(영문) 대구지방법원 2017.12.12 2017고단3308
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a commercial sex trafficking business establishment with the trade name “D” on the first floor of Daegu Dong-gu C underground.

On February 2, 2017, the Defendant: (a) received KRW 120,00 from the police officer controlling the most male sexual traffic at the foregoing sexual traffic business establishment; (b) had sexual intercourse in E and the above place, which is a female sexual traffic, from November 2, 2016 to February 2, 2017; and (c) had one bath room and four rooms with a simple intrusion in the above place; and (d) received KRW 120,00 from the sexual buyers, and had them sexual intercourse with the said E, etc., thereby arranging sexual traffic.

Summary of Evidence

1. Legal statement of witness F;

1. E statements;

1. Investigation Report (Attachment of Recording) - Recording, “1. Brokerage of sexual traffic” under Article 19(2)1 of the Act on the Punishment of Arrangement, etc. of Commercial Sex Acts means that the parties intending to engage in commercial sex acts make the brokerage or convenience thereof. Thus, in order to arrange commercial sex acts, the parties intending to engage in commercial sex acts are not necessarily required to do so when they actually engage in or face with each other, but it is sufficient that the parties concerned have engaged in commercial sex acts to the extent that they are able to engage in commercial sex acts even if they do not have any involvement by the parties intending to engage in commercial sex acts, even if they do not have any involvement by the parties concerned (see Supreme Court Decision 2004Do8808, Feb. 17, 2005). According to evidence, since the defendant's act of arranging commercial sex acts is recognized by linking a police officer and a female woman with the intent of arranging commercial sex acts so that it is possible to do so, regardless of whether or not commercial sex acts have been actually conducted after such act is established.

2. In addition, according to the evidence, it is recognized that the defendant, from November 2016 to the control date of the instant case, had E, a woman of sexual traffic, arrange sexual traffic for business by having them engage in sexual traffic.

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