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(영문) 인천지방법원 2015.02.06 2015고정18
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

From August 2, 2014, the Defendant is a person who is operating a business establishment “Cmamb area” with facilities, such as five marina rooms, a carper, and a shower box, in Yeonsu-gu Incheon Metropolitan City B.

1. On August 8, 2014, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) committed an act of arranging sexual traffic by receiving 100,000 won from an unast male guest who had found the said business establishment and having DNA employed at the said business establishment in his/her hand, who stimulates the sexual organ of the guest by his/her hand, and by receiving 80,000 won from an unast male guest who had found the said business establishment on October 21, 2014 and committing an act of arranging sexual traffic by the said method.

2. Any person who violates the School Health Act shall be prohibited from running a business that provides services, such as physical contacts between unspecified persons or exposure to sealed parts, etc., or any similar services that are likely to do such acts, by dividing them by smuggling, closed space or partitions, etc. or installing similar facilities in the school environmental sanitation and cleanup zone;

Nevertheless, from August 2, 2014, the Defendant created a business establishment in a school environmental sanitation and cleanup zone with approximately 178 meters away from E kindergartens and approximately 178 meters, and operated a business which is likely to cause similarity to unspecified male customers.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Investigation report (examination as to whether school health has violated the School Health Act);

1. Application of Acts and subordinate statutes concerning a copy of the real estate lease contract, photographs of business places, location of business places, and field photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 19 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (the occupation of arranging sexual traffic), Articles 19 (2) and 6 (1) 19 of the School Health Act (the occupation of committing an offense in the school environmental sanitation and cleanup zone), and the selection of fines;

1. Articles 70(1) and 69(2)1.

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