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(영문) 서울중앙지방법원 2015.12.30 2015고단6401

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates a commercial sex trafficking business with the trade name “C” in Seocho-gu Seoul Metropolitan Government 402.

On June 5, 2015, the Defendant received 150,000 won from a male who cannot know his/her name at the above sexual traffic business establishment on or around 16:30 on June 5, 2015, and arranged to communicate with D, a female sexual traffic, as well as engaging in the act of arranging sexual traffic, etc. from May 25, 2015 to June 5, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of D or E;

1. A E-document;

1. On-site photographs;

1. Details of the sexual traffic fund;

1. Application of Acts and subordinate statutes to investigation reports (on-site control photographs and written statements);

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

1. Selection of an alternative sentence of imprisonment and the concurrent imposition of a fine (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 to attract a workhouse;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The amount additionally collected under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic: From May 25, 2015 to June 5, 2015, the profit amount of 1,200,000 won from the business of arranging sexual traffic (i.e., the number of daily customers during the aforementioned period x two persons x the number of daily customers x the remainder 50,000 won excluding the amount paid to female employees at average of 150,000 won for sexual traffic x 12 days for business period); and (ii) the reason for sentencing (an interrogation of a police suspect against the accused)

1. The basic area (six months to one year and four months) of the sentencing criteria [the scope of recommendations] and the basic area (six months to one year and four months) of the types of sexual traffic crimes subject to age 19 or older, including brokerage, etc. of sexual traffic;

2. The Defendant, on May 28, 2015, continued to engage in sexual traffic intermediary business after the first crackdown on May 28, 2015, and the Defendant re-controled on June 5, 2015, went against his mistake and did not repeat again.