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(영문) 광주지방법원 순천지원 2019.06.26 2018고단2130
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six months and a fine of five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who, from March 21, 2017, operates a mutual marina business with the trade name “C” in Net City B.

On April 5, 2018, around 02:30 on April 5, 2018, the Defendant received 1.20,000 won from the control police officer who pretended to be customers, and arranged to engage in sexual traffic by providing guidance to the two rooms of the above marina business place, which is a sexual traffic business place, as well as arranging sexual traffic. From March 15, 2018 to April 5, 2018, the Defendant employed D, E, and F, a female employee of Chinese nationality, and arranged to find a marina business place, to receive 1.20,00 won for sexual traffic, and to provide sexual traffic to the said employees and unspecified male customers.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (written two times);

1. Each statement of G, H, D, E, and F;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on evidence and photographs of public morals establishments;

1. The punishment of imprisonment with prison labor and a fine shall be concurrently imposed on the accused under Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and Article 24 of the same Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (Suspension of Execution limited to imprisonment);

1. Probation under Article 62-2 of the Criminal Act;

1. Article 48 (1) of the Criminal Act, the former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The latter part of Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. [whether or not they are subject to confiscation or collection, recognition of the amount of additional collection, etc., are not related to the constituent elements of the crime, and it does not require strict proof (see, e.g., Supreme Court Decision 2008Do1392, Jun. 26, 2008). “A course, B course, and C course are each of the amounts with KRW 80,00,000,000 and KRW 120,000,000, and they include both sexual traffic, but only there is a difference in the amount according to the massage time, and if he is only aware, he/she will receive KRW 60,000,000,000

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