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(영문) 서울중앙지방법원 2015.09.18 2015고단4064

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A shall be punished by imprisonment of 10 months and fine of 7,00,000 won, and imprisonment of 8 months and fine of 5,00,000 won, respectively.

Reasons

Punishment of the crime

Defendant

A is an employee of Seocho-gu Seoul Etel 405, 425, 612, 805, 923, and 1508, who operates a commercial sex trafficking business establishment called “F”, and Defendant B and G are employees of the above business establishment.

At around 15:00 on October 20, 2014, the Defendants received 150,000 won from a male who is unable to know his/her name at the said sexual traffic business establishment, and arrange for the comparison with H, a female sexual traffic business establishment, as well as arranging for comparison with G from April 1, 2014 to October 20, 2014 (the Defendant B from October 18, 2014 to October 20, 2014) in collusion with G, thereby engaging in the act of arranging sexual traffic, etc. as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. A protocol concerning the examination of each police officer with regard to I and H;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to each photograph, lease contract for commercial sex acts, prepaidphone, and book-keeping of commercial sex acts establishments;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Article 30 of the Criminal Act concerning facts constituting an offense;

1. Selection of punishment (the defendants) and the imposition of fines concurrently (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic);

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, each of the suspended execution (the defendants);

1. Social service order (defendants) under Article 62-2 of the Criminal Act;

1. (Defendant B) Article 48 (1) 1 of the Criminal Act;

1. Additional collection (Calculation of Additional Collection Amount) Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (Defendant A) x (6,129,032 won per month average income 10 million won from April 1, 2014 to October 19, 2014, the business period of which is from April 19, 2014 to October 19, 201) x (6,129,032 won);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act, each of the orders to make provisional payments (the defendants);

1. Type 2 (Mediation, etc. of Commercial Sex Acts by Means of Business, Receipt of Consideration, etc.) of the sentencing criteria (the scope of recommending punishment) (the scope of recommending punishment) for the commercial sex acts of not less than 19 years old;