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(영문) 서울북부지방법원 2020.09.25 2020고단2800
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A Imprisonment with prison labor for six months and for four months, respectively.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who operates the Seongbuk-gu Seoul and the third floor "D" massage practice, and Defendant B is an employee of the above business establishment in charge of customer guidance, etc.

No person shall arrange, solicit, induce, compel, compel, etc. sexual traffic for business purposes.

Defendant

A, from January 16, 2019 and from March 16, 2020 to March 21:20, 2020, the said business establishments employed sexual traffic female employees, and Defendant B received cash 110,000 won from unspecified customers, and arranged sexual traffic by guiding customers and female employees to engage in sexual intercourse in a smuggling.

Accordingly, the Defendants conspired to commit acts such as arranging sexual traffic for business purposes.

Summary of Evidence

1. Each police interrogation protocol against the Defendants’ partial statement in court

1. Defendant B and his defense counsel asserted to the effect that they cannot be viewed as engaging in the business of arranging sexual traffic merely because they merely serve as a part-time guide upon A’s request. However, according to the evidence duly adopted and examined by this court, the Defendant was aware that the instant business establishment was engaged in sexual traffic and worked as an employee for the purpose of gaining profits through the business of arranging sexual traffic. Thus, the Defendant’s role constitutes an accomplice relationship who has functional control over sexual traffic by making an essential contribution to the crime of arranging sexual traffic. Accordingly, the Defendant’s and his defense counsel’s above assertion are not acceptable).

1. The Defendants: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act, Article 30 of the Criminal Act, the choice of imprisonment with labor

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A: Reasons for sentencing under Article 62-2 of the Criminal Act.

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