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(영문) 창원지방법원 2019.11.29 2019고단2859
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendants shall be punished by imprisonment for one year.

However, for two years from the date this judgment became final and conclusive, Defendant A.

Reasons

Criminal facts

1. The Defendant, from April 10, 2018 to July 20:30, 2019, operated a sexual traffic business establishment with the trade name of “D” from the 6th and 7th floor in the Chang-si, Sung-si, Sung-si, Sung-si, the Defendant arranged sexual traffic by having the said employee E, F, and G receive KRW 170,00 won from many unspecified customers who found the place, and guiding them to a room within the business establishment, and by allowing the said employee to provide sexual intercourse with customers.

2. From the end of April 2018 to July 20:30, 2019, Defendant B, with the knowledge of the fact that sexual traffic was mediated by the business, as seen in paragraph (1) at the places indicated in paragraph (1), aided and abetted the crime of Defendant B by providing guidance to customers who find out such places to help A, or by arranging, arranging, cleaning, and arranging their shoes, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the suspect examination of the accused;

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

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. and choice of imprisonment

B. Defendant B: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 32 of the Criminal Act, the choice of imprisonment

1. Defendant B: Articles 32 (2) and 55 (1) 3 of the Criminal Act;

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

1. Defendant B of a community service order: Article 62-2 of the Criminal Act;

1. Defendant A: Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Additional collection of Defendant A: Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (the report on the examination of suspects and the investigation report (the report on the calculation of the acquisition amount of profits from crimes) with respect to the Defendant, and Article 59,008,000 won (the estimated profits from April 10, 2018 to July 15, 2019) of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Defendant A: The grounds for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

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