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(영문) 의정부지방법원 2017.01.20 2016고단5141
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 12, 2016, the Defendant violated the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic (such as brokerage, etc. of sexual traffic) (hereinafter referred to as “D”), with the trade name of the Government C from around July 12, 2016 to around November 7, 2016, the Defendant: (a) operated five rooms equipped with the beds and shower facilities; and (b) received 1.20,00 won from many customers whose names are unknown as the price for sexual traffic; (c) informed them as above; and (d) provided them to pay 60,000 won per customer; and (e) provided female employees with the said customers to have sexual intercourse after having them engage in sexual intercourse.

2. No person who violates the Health Act in any school environment sanitation and cleanup zone shall conduct any business which is likely to cause a sexual act or act of similarity by dividing it by a smuggling, closed space or partitions, etc. or by installing similar facilities;

Nevertheless, at the date stated in the above paragraph 1, the defendant was engaged in the business in which the act of sex or similarity is likely to be performed by operating the marina business establishment in the same manner as described in the above paragraph 1 at the place of approximately 125 meters away from the E kindergarten.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation and a report on internal investigation (Attachment to a negative map);

1. Measurement of the distance map;

1. Application of statutes on site photographs;

1. Punishment of the relevant criminal facts, Article 19 (2) 1 (the point of arranging sexual traffic), Articles 19 (2) and 6 (1) 19 (1) 19 (the point of prohibiting sexual traffic in a school environment sanitation and cleanup zone) of the School Health Act, and imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommended punishment] are 19 years of age.

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