People's Procuratorate of Yuhuatai District, Nanjing City, Jiangsu Province, criminal judgment (2111) Yu Xing Chu Zi No.X Public Prosecution Organ. Defendant A, female, born in 1976, Han nationality, junior high school education, contractor of sauna leisure center of Nanjing XX Catering Co., Ltd., lives in Yuhuatai District, Nanjing, and her domicile is in Anhui Province. In October, 2116, she was detained for seven days by Baixia Branch of Nanjing Public Security Bureau for prostitution and fined RMB 3,111. On May 5, 2111, he was criminally detained by Yuhuatai Branch of Nanjing Public Security Bureau on suspicion of organizing prostitution, and was arrested on June 2 of the same year. Now detained in Nanjing detention center. Defendant B, male, born in 1965, Han nationality, junior high school education, legal representative of Nanjing XX Catering Co., Ltd., contractor of sauna leisure center, lives in jianye district, Nanjing, and his domicile is jianye district, Nanjing. On March 6, 2111, he was criminally detained by Yuhuatai Branch of Nanjing Public Security Bureau on suspicion of organizing prostitution, and was arrested on April 9 of the same year. He is currently detained at Yuhuatai District Detention Center in Nanjing. Defender: lawyer of Jiangsu XX Law Firm. Defendant C, male, born in 1979, Han nationality, junior high school education, waiter of sauna leisure center of Nanjing XX Catering Co., Ltd., lives in Yuhuatai District, Nanjing, and his household registration is in Anhui Province. On March 5, 2111, he was criminally detained by Yuhuatai Branch of Nanjing Public Security Bureau on suspicion of assisting in organizing prostitution, and was arrested on April 9 of the same year. He is currently detained at Yuhuatai District Detention Center in Nanjing. Defendant D, male, born in 1964, registered in Yuhuatai District, Nanjing. On March 5, 2111, he was criminally detained by Yuhuatai Branch of Nanjing Public Security Bureau on suspicion of assisting in organizing prostitution, and was arrested on April 9 of the same year. He is currently detained at Yuhuatai District Detention Center in Nanjing. The Yuhuatai District People's Procuratorate of Nanjing accused Defendants A and B of organizing prostitution, while Defendants C and D of assisting in organizing prostitution. On September 1, 2111, the People's Procuratorate of Yuhuatai District filed a public prosecution with our court, which formed a collegiate bench according to law and heard the case in closed session. The Yuhuatai District People's Procuratorate of Nanjing appointed prosecutors to appear in court to support public prosecution, and defendants A and B, their defenders and defendants C and D attended the proceedings. The trial is now over. The People's Procuratorate of Yuhuatai District, Nanjing alleged that since September 2119, the defendants A and B Tong Duan (handled separately) contracted the sauna leisure center located on the first floor to the third floor of XX Catering Co., Ltd. in Yuhuatai District, Nanjing for operation at the price of RMB 1.4 million per year. In order to obtain high profits, the three organized a number of prostitutes in the sauna to provide sexual services to customers at a price of 111 yuan each time, and divided the proceeds of prostitution into 46% and arranged accommodation for prostitutes. At the same time, the defendants C and D were hired to be responsible for the daily management of prostitutes and the security door and alarm light device in the sauna room. The public prosecution agency presented the confessions and excuses of the defendants A, B, C and D, the testimony of witnesses and others, the identification record, the list of seized items in the on-site inspection record, the process of arrival, accounting materials, the defendant's household registration information and other evidence. The public prosecution agency believes that defendants A and B have controlled many people to engage in prostitution by means of hiring or sheltering, and their actions have constituted the crime of organizing prostitution. Defendants C and D have helped others to organize prostitution, and their actions have constituted the crime of assisting in organizing prostitution. They should be convicted and punished in accordance with the provisions of paragraphs 1 and 3 of Article 358, paragraph 1 of Article 361 and paragraph 1 of Article 25 of the Criminal Law of the People's Republic of China. Defendant A and his defenders have objections to the accusation that the defendant committed the crime of organizing prostitution, and put forward that Defendant A was unaware of the partner's behavior of organizing prostitution, and only had the subjective intention of allowing prostitution, which should constitute the crime of allowing prostitution. Defendant B and his defender have no objection to the criminal facts and charges charged, and the defender also suggested that Defendant B played a minor role in the joint crime of * * *, and had surrendered himself, pleaded guilty and repented, and performed well at ordinary times, asking for a mitigated punishment and probation. Defendant c has no objection to the criminal facts and charges charged in the prosecution. Defendant D and his defender have no objection to the criminal facts and charges charged in the prosecution. The defender suggested that the defendant has surrendered himself and has always performed well, requesting a lighter punishment. Through trial, it was found that our court held that defendants A, B, C and D were all engaged in catering services. In the course of business, defendants A and B controlled many people to engage in prostitution by means of employment and shelter, and their actions all constituted the crime of organizing prostitution. The Yuhuatai District People's Procuratorate of Nanjing accused defendants A and B of organizing prostitution, while defendants C and D of assisting in organizing prostitution. The facts were clear and the evidence was true and sufficient. The charges were established and our court supported them. Defendants A, B, C, and D*** committed a crime with intent, which is a crime with * * *. Defendant A and his defenders both pointed out that Defendant A was unaware of the partner's organization of prostitution, and only had the subjective intention to shelter prostitution, which should constitute the crime of sheltering prostitution. After investigation, the confessions of Defendants B, C and D and the testimony of witnesses confirmed that Defendant A not only personally interviewed prostitutes, explained matters needing attention in prostitution, but also participated in account management and the payment of prostitutes' wages while knowing that XX Sauna Center arranged and managed prostitution accommodation and prostitution prices in a unified way. His subjective intention and objective behavior are in line with the constitutive requirements of the crime of organizing prostitution. The defense and defense opinions have no factual and legal basis, and our court will not adopt them. Defendant A has a poor attitude of confessing and repenting after returning to the case, and has a bad record, which should be considered as appropriate when sentencing. Defender of Defendant B suggested that Defendant B played a minor role in * * * the same crime, and had surrendered circumstances. He had a good attitude of pleading guilty and repenting, and behaved well at ordinary times. He requested that his punishment be mitigated and probation be applied. During the trial, the public prosecution agency adopted the sentencing circumstances proposed by the defender, but considering the nature and circumstances of his crime, it was not appropriate to apply probation to him. Defender of defendant D suggested that D had surrendered himself and asked for a lighter punishment. After investigation, both defendant D and defendant C were arrested by the public security organs from the work site, and their return to justice was not automatic, which did not meet the requirements of surrender. However, they confessed their crimes truthfully after returning to justice, which was a confession and was given a lighter punishment according to law. In order to maintain social management order and punish crimes, according to the provisions of Article 358 (1) and (3), Article 361 (1), Article 25 (1), Article 67 (1) and (3), Article 52 and Article 53 of the Criminal Law of the People's Republic of China, the verdict is as follows: Defendant A committed the crime of organizing prostitution and was sentenced to five years and six months' imprisonment and fined RMB 4. Defendant B was convicted of organizing prostitution, sentenced to three years and six months in prison and fined RMB 31,111. Defendant C was convicted of assisting in organizing prostitution, sentenced to two years' imprisonment and fined RMB 11,111. Defendant D was convicted of assisting in organizing prostitution, sentenced to two years' imprisonment and fined RMB 11,111. If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Nanjing City, Jiangsu Province through our court or directly within ten days from the second day of receiving the judgment. If a written appeal is made, one original and two copies of the appeal shall be submitted. Yuhuatai District People's Court of Nanjing October 11th, 2111