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(영문) 서울남부지방법원 2017.09.15 2017고단3340

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for six months.

One copy (No. 1) of the seized carry phone shall be confiscated.

from the defendant.

Reasons

Criminal facts

From March 10, 2017 to March 17, 2017, the Defendant leased the name of F, which was the wife for the building 1821 in Guro-gu Seoul, Guro-gu, Seoul, and operated a commercial sex business establishment by employing female employees G. On March 17, 2017, the Defendant: (a) received KRW 70,00 won from male customers H who found the place around 18:30 on March 17, 2017, and (b) assisted the said G to engage in a similar sexual intercourse by making the said G knife his/her sexual organ with his/her hand and scambling under the above order; and (c) provided that, during the foregoing period, the Defendant provided an unspecified male customer with KRW 7 to 80,00 per day with a similar sexual intercourse with G.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. A protocol concerning the examination of each police officer in relation to G or H;

1. One motor vehicle (No. 1) seized;

1. Application of statutes governing officetels contracts;

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, and Article 19 (2) 1 of the same Act and selection of imprisonment;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Grounds for the calculation of the amount additionally collected in the latter part of Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection of Commercial Sex Acts: 90,00 won [=((70,000 won per day sexual traffic price - 40,000 won paid to women engaged in commercial sex acts per day) x three persons for men engaged in commercial sex acts per day] x number of business days x 8,20,000 won per day;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (from June to January and April) of the types of sexual traffic crimes subject to the age of 19 or older and the mediation, etc. of sexual traffic (the mediation, etc. of sexual traffic by business, giving and receiving prices, etc.) (no person subject to special sentencing];

2. The act of arranging sexual traffic with a sentence of punishment is a woman's commercialization and thus it is necessary to eradicate such act strictly because there are considerable social harm and injury, such as undermining the sound sexual culture and good morals, and the defendant is a commercial sex business establishment by using the Internet site.