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(영문) 서울북부지방법원 2017.03.09 2016고단5746

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 4,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is a person who operates a sexual traffic business establishment with the trade name "E" in Seongbuk-gu Seoul Metropolitan Government D, and Defendant B is a substantial owner of a building where the above business establishment is located.

1. The Defendant, from January 2015 to August 21, 2010, up to August 29, 2016, had two male customers, including one kitchen facility where food can be cooked on one floor at the above location, and one singing room where customers and female employees drink drinking and singing in the underground floor, and five "tyption room" which is a smuggling where female employees are able to have a sexual intercourse. In case where a male customer goes to a sexual customer, he/she received cash of KRW 90,000 per man from a male customer as the price for commercial sex acts, and let female employees do commercial sex acts in the “tyption room,” which is a smuggling where a boom, etc. is installed, thereby arranging commercial sex acts.

2. Defendant B, despite being aware of the fact that he operated a sexual traffic business establishment in the above date and time, at the above building managed by the Defendant, he leased the above building owned by the Defendant to A at KRW 793,000 per month.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to investigative reports ( telephone communications under the nominal owner of the building);

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (elective of imprisonment): Defendant B: Article 19 (1) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (elective of penalty)

1. Defendant B who is detained in a workhouse: Criteria for sentencing reasons under Articles 70(1) and 69(2) of the Criminal Act;

(a) The basic area (from June to April 1) of the defendant A [the scope of the recommended punishment] 19 years of age and the basic area (the mediation, etc. of sexual traffic by means of business, receipt of prices, etc.) of the types of sexual traffic;

B. Defendant B: Selection of a fine, and the sentencing criteria.