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(영문) 서울중앙지방법원 2017.05.19 2017고단314

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A shall be punished by imprisonment for six months and by a fine of ten million won, and Defendant B shall be punished by a fine of five million won.

The Defendants are the defendants.

Reasons

Punishment of the crime

Defendant

A is a person who has operated a studio 9, two guest waiting rooms, one female waiting room, one shower room, etc. on the underground floor of the building in Gangnam-gu Seoul Metropolitan Government, and operated a sexual traffic business establishment of D, "D". The defendant B is a person who has consulted with male guests and received a price for sexual traffic from male guests.

Defendant

A From June 1, 2016 to July 25, 2016, from July 1, 2016 to July 25, 2016, Defendant B, along with Defendant A, advertised the above business establishment with the trade name of “G” on the Internet website, including “E”, “F”, and “G”, and provided information on the advertisement by receiving KRW 190,00 to 240,00 from male customers, such as H, I, and J, who found that they reported the advertisement and received KRW 190,00 or KRW 2,00 from male customers, such as K, L, and M, and led them to do sexual intercourse or similar sexual intercourse with male customers.

As a result, Defendants conspired to act as commercial sex acts such as brokerage.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of the suspect against the defendant B by the prosecution;

1. A protocol concerning the examination of each police officer in relation to K, M, H, J, L, or I;

1. Application of each statute on photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: both Articles 19(2)1 and 24 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc., Article 30 of the Criminal Act, imprisonment, and fines;

B. Defendant B: Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts, Article 30 of the Criminal Act, and selection of fines (the period during which an employee participated in the crime, confession, and the absence of any record of criminal punishment)

1. Articles 70(1) and 69(2) of the Criminal Act, each of the Defendants’ detention in a workhouse

1. Article 62(1) of the Criminal Act (amended by Act No. 62(1) of the Criminal Act (amended by Act No. 1010, Jan. 1, 2001) provides that the period of suspension of execution (the period of suspension of business is not small, but is not long, and the actual period of business is not long, there is no criminal record of the same kind of criminal record and no record of the suspension of execution, confession