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(영문) 서울동부지방법원 2020.09.17 2020고단1434

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On March 17, 2020, at around 22:15, the Defendant, while operating “C” on the B's floor in Gwangjin-gu Seoul Special Metropolitan City, provided eight room and one shower facilities. From male customers, the Defendant received 100,000 won from unspecified male customers, and provided them with 60,000 won among them to female employees, and arranged sexual intercourse by allowing female employees to engage in a similar sexual intercourse that may stimulate female workers to have the sexual organ of the male guest.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Application of the Acts and subordinate statutes governing documentary evidence and photographs of the defendant;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense (the punishment shall be selected and the punishment shall be concurrently imposed under Article 24 of the same Act);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Imprisonment with prison labor for a period from one month to seven years, and a fine of KRW 50,000 to seventy million;

2. The basic area of the recommendation and punishment according to the sentencing guidelines [the determination of types of imprisonment] (the recommendation and punishment] types of the second types of the sexual traffic crimes subject to the age of not less than 19 and the arrangement, etc. of sexual traffic (the arrangement, etc. of sexual traffic through the receipt, payment, etc. of business prices] (the special person] None of the aggravated factors to mitigate the aggravated factors (the scope of recommendation and punishment): Six months to one year and four months.

3. The crime of arranging sexual traffic is highly harmful to the society, such as the commercialization of sex and the harm to the sound sexual morals, so it is necessary to strictly punish the crime.

In addition, the defendant has already been punished four times (two times of suspended sentence of imprisonment and two times of fine) for the same crime since 2010, and in particular, even though he is still under the period of suspended execution due to the same crime, he has committed the crime of this case without being aware of it, and there is a high possibility of criticism.

In full view of the above circumstances, the defendant is liable to the defendant.