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(영문) 서울중앙지방법원 2018.03.23 2018고단425

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from November 4, 2016 to December 14, 2017, operated a sexual traffic business establishment with the trade name "C" on the Gangnam-gu Seoul Metropolitan Government B and the first floor of the underground level, employed female D(43 years) as an employee, and arranged sexual traffic by having a male customer do sexual intercourse or similar sexual intercourse with an unspecified number of men at one time with the sexual traffic cost, receiving KRW 80,00 to 120,00 from an unspecified number of men at one time with the sexual traffic cost.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A protocol of seizure and a list of seizure;

1. Investigation reports, investigation reports (report on the details of accounts of the suspect), investigation reports (report on the calculation of profits from sexual traffic);

1. A statement of replies;

1. Application of Chapter Twenty-four (24) Acts and subordinate statutes to enforcement site photographs;

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, Article 30 of the Criminal Act, and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Confiscation, additional collection under Article 48(1)1 of the Criminal Act, Article 25 of the Act on the Punishment of Acts, Including Brokerage, etc. of Commercial Sex Acts: The amount of cash deposit and credit card sales after deducting 50,051,606 won paid to sexual traffic women from KRW 95,970,222 (151,183 of the investigation records) is against the defendant; although the defendant has been punished four times by a fine for this type of offense, the defendant has no criminal records; however, there was removal of internal facilities related to commercial sex acts after the crackdown; other factors indicated in the argument of this case, such as the defendant's age, sex, environment, motive and result of the crime; and the circumstances after the crime, etc., the sentence identical to the order shall be determined by comprehensively taking account of all the factors indicated in the argument of this case, including the following: