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(영문) 대전지방법원 논산지원 2016.09.27 2016고단299
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a business using a trade name called “D” from C2 stories at the time of debate.

1. A person who intends to open a massage place or a massage place may not be established unless he/she is aware of the violation of the Medical Service Act. Notwithstanding reporting to the head of the competent Si/Gun/Gu, the Defendant did not report to the head of the competent Si/Gun/Gu. On April 19, 2016, the Defendant: (a) received cash 110,000 won from the police officer F of the Haak-gu Police Station E, Chungcheongnam-gu, Gyeongsan who was found to be a customer to the said place; and (b) opened a massage place by making any G who is not qualified as a massage operator take advantage of a hot water, etc., such as f’s dose, shoulder, fel, etc., to fel up the fat, or stimulate it by means of cutting off the fat, cutting down the fat and fating, etc., on the body.

2. Around April 19, 2016, the Defendant violated the Act on the Punishment, etc. of Acts, including brokerage, etc. of sexual traffic, and the Act on the Regulation of Customs and Business, provided a place where a police officer belonging to the Chungcheongnam-gu Police Station E, Chungcheongnam-gu, Busan, who found himself/herself as a customer, received 110,000 won in cash from the above user and received 110,000 won in order to enable the said G to perform similar sexual acts.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of H and G by the prosecution;

1. A copy of a business report;

1. Domestic and external photographs;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 87(1)2, Article 82(3), and Article 33(2)1 (a) of the Medical Service Act (referring to the establishment of an unqualified place of business), Article 19(1)1 of the Act on the Punishment of Acts, Including the Mediation of Commercial Sex Acts, Etc., Article 10(1) and Article 3 subparag. 1 of the Act on the Regulation of Customs and Business (referring to the brokerage of commercial sex acts), Article 10(1) of the same Act, and Article 3 subparag. 1 of the same Act (referring to the brokerage of commercial sex acts at the place of business);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act:

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