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(영문) 서울북부지방법원 2018.06.29 2018고단1012
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around February 22, 2018, the Defendant, in violation of the Act on the Punishment, etc. of Acts, such as brokerage, etc. of sexual traffic (such as brokerage, etc. of sexual traffic), assisted sexual traffic by allowing employees D to engage in similar acts with many unspecified male customers in Dongdaemun-gu Seoul, Dongdaemun-gu and the 1st underground level “C”.

2. No person who violates the Educational Environment Protection Act shall operate a business that provides services that result in sexual conduct or are likely to result in similar conduct in an educational environment protection zone to protect the health, sanitation, safety, learning, and educational environment of students;

Nevertheless, around February 22, 2018, the Defendant, at the “C” business place located within 50 meters from the boundary of E elementary school, was engaged in the business of installing a beds in 13 rooms, and doing an act similar to a marina will in return for payment from an unspecified male grandchild.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Written statements prepared D and F;

1. Application of investigation report (verification of the opening date of Seoul E elementary school) Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 19(1)1 of the Act on the Punishment of Acts, such as Arranging Sexual Traffic (the point of arranging sexual traffic), Articles 16(1) and 9 subparag. 13 (the point of business harmful to juveniles within an educational environment protection zone) of the Educational Environment Protection Act, and the choice of imprisonment, respectively;

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 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are that the defendant, in favor of the defendant, recognized the crime of this case as a substitute for the crime of this case, the defendant committed the crime of this case again even though he had been punished for the same crime, and the mediation of sexual traffic in the educational environment protection zone needs to be punished more strictly.

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