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(영문) 서울중앙지방법원 2019.07.17 2019고단2832

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for one year and a fine of 15 million won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

Defendant

A In the first floor of the building located in Gwanak-gu in Seoul Special Metropolitan City, a business owner who operates a trade name "F" on the first floor, and Defendant B is the head of the above business, Defendant C and Defendant D are the employees of the business.

From March 2018 to November 5, 2018, the Defendants reported advertisements posted in “F” “G”, which is an adult Internet site, to the “G,” etc., and had sexual traffic women employed in advance receive KRW 90,00 to KRW 140,00 as the price for sexual traffic from the unspecified number of gender purchase, and had them enter the sexual organ of gender purchase, as soon as possible, and scam and scam it by hand.

As a result, Defendants conspired to arrange sexual traffic for business purposes.

Summary of Evidence

1. Defendants’ legal statement

1. Police suspect interrogation protocol of H, I, and J;

1. Records of seizure and the list of seizure;

1. Investigation report (a bulletin board photograph of the F business establishment on the commercial sex acts advertising site), investigation report (Attachment to On-Site control photograph);

1. Application of the Act and subordinate statutes on Preservation for Confiscation (No. 17);

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

1. Selection of punishment;

(a) Defendant A and B: The punishment of a fine shall be imposed concurrently pursuant to Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.;

B. Defendant C and D: Selection of each fine

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

1. Defendants A and B of the suspension of execution: Article 62 (1) of the Criminal Act;

1. Defendant A: Article 48 (1) of the Criminal Act, the main sentence of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

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

1. The basic area of recommendation [the scope of recommendation field and recommendation range] according to the sentencing guidelines [the defendant A and B] [the determination of types] and the basic area of recommendation [the scope of recommendation field and recommendation range] that there is no person who mediates, etc. sexual traffic (the person specially adopted] by the business, the receipt of consideration, etc. for sexual traffic], and the brokerage of sexual traffic crimes subject to the age of 19 or older;