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(영문) 서울중앙지방법원 2019.10.23 2019고단4441

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

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

If the above fine is not paid, KRW 100,000.

Reasons

Punishment of the crime

From January 14, 2019 to January 15, 2019, the Defendant placed an Internet sexual traffic advertisement with the trade name “E”, “E”, from around January 14, 2019 to around January 15, 2019, the Defendant: (a) had a large number of unspecified male customers, who reported the advertisement, receive KRW 80,00 to 190,000 as the price for sexual traffic; and (b) had the F (F,00,000) who is a woman employed in advance, do sexual intercourse with the above male customers, thereby arranging sexual traffic.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police concerning F (an interpretation protocol);

1. A protocol of suspect examination of G police officers;

1. On-site control photographs eight copies, suspect FH dialogue [Application of Acts and subordinate statutes]

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., selection of imprisonment and the concurrent imposition of a fine under Article 24 of the same Act with respect to facts constituting an offense;

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

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

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

1. The scope of recommendations according to the sentencing guidelines (decision of types) shall be limited to the scope of recommendations (decision of types) according to the sentencing guidelines, the mediation, etc. of commercial sex acts subject to the age of 19 or older, and there shall be no mediation, etc. of commercial sex acts [the category 2] by business, receipt of prices, etc. [the scope of recommendations and recommendations] basic area, six months through one year and four months;

2. The Defendant, who was sentenced to a sentence, committed the instant crime even though he had the record of being sentenced to a summary order of KRW 5 million for the same crime in 2018.

However, the defendant recognizes his mistake.

The period of business is less than two days and criminal proceeds are less than two days.

In addition, the punishment as ordered shall be determined in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, and all the conditions of the punishment specified in the pleading.