beta
(영문) 서울동부지방법원 2016.07.15 2016고단1469

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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

On March 11, 2016, the Defendant was issued a summary order of a fine of KRW 3 million by violating the Act on the Punishment of Acts, including brokerage, etc. of sexual traffic at the Seoul Eastern District Court on March 11, 2016, in collusion with a high school-friendly job offer B (disposition of suspension of indictment) in order to prepare a fine, in order to prepare a fine, the Defendant was willing to recruit female employees E by soliciting female workers who want to engage in sexual traffic, only by using a smartphone display such as D, etc. at the Seoul Special Metropolitan City Gwangjin-gu Seoul Metropolitan City (hereinafter “D”), and by soliciting female workers who want to engage in sexual traffic.

At around 18:55 on April 25, 2016, the Defendant, along with B, recruited male customers by the above method, sent B to E, sent B to Helel located in Gwangjin-gu Seoul Special Metropolitan City, and ordered the above E to receive 1.54 million won for sexual traffic, and had the male guest and the above E engage in sexual intercourse with the male guest in the same manner as in April 25, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect B or E by the prosecution;

1. Application of Acts and subordinate statutes to photograph (a CCTV, on-site, vehicle, etc.), and to capture message details;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense, Article 30 of the Criminal Act, and selection of imprisonment;

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. Grounds for sentencing after Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection of Sex Acts;

1. The basic area (from June to April) of the sentencing criteria [the scope of the recommended punishment] and the basic area (from June to April) of the types of sexual traffic crimes subject to 19 years of age or older, such as arranging sexual traffic, etc.

2. Determination of sentence: Imprisonment with prison labor for six months, and conditions unfavorable to two years: