beta
(영문) 서울북부지방법원 2014.08.20 2014고단1506

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who has operated a sexual traffic business under the trade name "C" in Seongbuk-gu Seoul Metropolitan Government.

1. From the end of December 2012 to September 23, 2013, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) committed an act of arranging commercial sex acts, etc. by having many and unspecified men who find the said business place with facilities, such as cares, cares, kitchens, seven drinkings, and two drinkings, etc., and employing them as employees D, etc., and having them receive cash of 70,000 won (80,000 won at the time of settlement of cards) under the pretext of the price for commercial sex acts and drinking values, and allowing the said D, etc. to perform sexual intercourse with them.

2. The Defendant violated the Food Sanitation Act: (a) at the time and place specified in the preceding paragraph; (b) without obtaining permission from the competent authorities; and (c) by having employees, such as the above D, attend with unspecified men to drink alcohol and singing, etc.; and (d) providing them with drinking and drinking alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning recording of D protocol;

1. Articles 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (hereafter referred to as "act of arranging sexual traffic") and Articles 94 (1) 3 and 37 (1) of the Food Sanitation Act (hereafter referred to as "act of arranging sexual traffic") and the choice of imprisonment, collectively, with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentencing of Article 62-2 of the Social Service Order Act requires a defendant having the same criminal records and several criminal records, while the defendant reflects his/her business period and revenue size, the age, character and conduct, criminal records, environment, motive and circumstances of the crime, the result of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the following factors: