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(영문) 서울중앙지방법원 2016.12.23 2016고단7755

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A Imprisonment with prison labor of 10 months and fines of 8,00,000,000 won, and Defendant B shall be punished by fines of 5,00,000 won, respectively.

The Defendants are the defendants.

Reasons

Punishment of the crime

Defendant

A From December 2015 to July 5, 2016, from around December 2015 to around July 5, 2016, leased one story underground of the building in Songpa-gu Seoul Metropolitan Government, employed female workers E, etc., and advertised "G" in the name of "F," etc., which is an advertisement site of Internet sexual traffic business establishment, thereby running sexual traffic business establishments in a way of similarity against unspecified male customers. Defendant B is a head of office employed by Defendant A from June 28, 2016.

At around 20:00 on July 5, 2016, Defendants received 35,000 won from male customers who found their places in the above G G business establishment, and had them do the act of similarity, such as drinking or soon drinking the sexual organ of male customers by hand and knife.

Accordingly, Defendant A independently from December 2015 to June 27, 2016, and the Defendants conspired to arrange sexual traffic for the business from June 28, 2016 to July 5, 2016.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding E;

1. Reports on internal investigation (on-site control and addition of books, X-ray photographs);

1. A report on internal investigation (the details of mobile phone related to the B or E business);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and Article 30 of the Criminal Act concerning facts constituting an offense (excluding Article 30 of the Criminal Act for a period during which the defendant A alone is a defendant);

1. Defendant A who choose a sentence: Imprisonment with prison labor and a fine concurrently (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic) Defendant B: Selection of a fine;

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

1. Article 62 (1) of the Criminal Act (Defendant A);

1. Probation (Defendant A) Article 62-2 of the Criminal Act;

1. (Defendant A) Article 48(1)1 of the Criminal Act, Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.