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(영문) 대구지방법원 2017.01.10 2016고단3794
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. Defendant A shall be punished by a fine of 5,00,000 won, Defendant B and C by a fine of 2,000,000 won, respectively.

2. The defendants are above.

Reasons

Punishment of the crime

1. Defendant A and the Defendant are those operating F in Daegu-gu E, and Defendant B are those working from the above F to the employee.

Defendant

A, from February 2, 2016 to March 2, 2016, had female employees, such as G, waiting for the said F, and received KRW 80,00,00 from the customers who found the place, and paid KRW 40,000,00 among them, and had the said female employees do the said female sexual intercourse with the said guest. Defendant B, around March 22, 2016, had two male employees, who had the said F, “I am bad, our house, play.”

In doing so, the said two male employees were informed by heading 202 and 203, and the said female employees were recommended by heading 202 and 203.

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

2. Defendant C, as the owner of the above F building, was aware of the fact that A had arranged sexual traffic at the above place on February 2016, Defendant C, without a deposit, leased the said building at KRW 600,000,000,000, and provided a place for sexual traffic by providing the said building with a place for sexual traffic.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to investigation reports (report on calculation of profits from sexual traffic);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A and B: Article 19(2)1 of the Act on the Punishment, etc. of Acts of Arranging sexual traffic, Article 30 of the Criminal Act (Selection of Penalty)

B. Defendant C: Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts (elective selection)

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

1. Defendant A: Article 25 of the Act on the Punishment of Acts, such as Arranging sexual traffic;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act, respectively, of the order of provisional payment;

1. Reasons favorable to Defendant A-: A reflectivity, absence of the same kind of criminal records, - Unfavorable circumstances: The degree of participation in the crime by the owner of the business, and four times of criminal records, such as alien species;

2. Defendant B - favorable.

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