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(영문) 서울북부지방법원 2018.11.23 2018고정1470
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates 'C' on the second floor of Seoul Jung-gu Seoul Central Government.

No person shall engage in any conduct, such as arranging, etc. sexual traffic, and no person engaged in custom business shall engage in any conduct, such as arranging, etc. sexual traffic, at a place where the business is

On July 16, 2018, the Defendant received 40,000 won in cash from D in the above "C" around 22:25, 2018, sent to the above inn's 6 room, and mediated sexual traffic by bringing sexual traffic women E, and at the same time, arranged sexual traffic at the custom and place of business.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on internal investigation, and an on-site photograph attached thereto;

1. Investigation report (as to sexual traffic women E)

1. Application of Acts and subordinate statutes of the investigative report (report on confirmation of the same record to the suspect A);

1. Article 19 (1) 1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts, concerning facts constituting an offense (referring to the act of arranging commercial sex acts), Article 10 (1) and Article 3 subparagraph 1 of the same Act (referring to the act of arranging commercial sex acts at the custom office, such as arranging commercial sex acts at the custom office);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Judgment on the assertion of the investigation into a vessel under Article 334(1) of the Criminal Procedure Act in the order of provisional payment

In light of the following: (a) the investigative agency’s method of investigating a person who does not have the original criminal intent to commit a crime by using a deceptive act or attack, etc., thereby inducing the arrest of the criminal; (b) in a case where the person who has the criminal intent to commit a crime is provided with an opportunity to commit a crime or facilitating a crime, it cannot be said that it constitutes a naval investigation (Supreme Court Decision 2004Do1066 Decided May 14, 2004). In light of the following: (c) the developments and method of crackdown on the injects of this case, the attitude of the defendant and the female sex trafficking at the time, and the defendant has already been subject to suspension of indictment for the same crime at the same place as this case.

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