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(영문) 서울중앙지방법원 2015.06.17 2015고단2480

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 sexual traffic business with the trade name “C” in Seocho-gu Seoul Metropolitan Government.

At around 14:30 on February 16, 2015, the Defendant received 130,000 won from a male in the name of the above sexual traffic business establishment, and arranged to communicate with D and sexual intercourse with the sexual traffic women from January 14, 2015 to February 16, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of D or E;

1. Written statements of D;

1. On-site documentary evidence photographs;

1. Application of lease contract Acts and subordinate statutes;

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 for the detention of a workhouse;

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

1. Probation 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, Etc.: 33 days before January 14, 2015 to February 15, 2015, and 600,000 won out of average daily sales of 60-700,000 won (in the case of 70,00 won, 50,000 won, and 70,000 won, in the case of 130,000 won), gains (in the case of 70,000 won, 28.57%), in the case of 130,00 won, 60,00 won (in the case of 70,000 won, 46.15%) equivalent to 7,397,280 won (in the case of average return rate of 37.36% x 600,00 won x 37.36% (67.68%)

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

1. Type 2 (Mediation, etc. of Commercial Sex Acts due to Business Consideration, Receipt, etc.) (one year to three years) in the area of aggravation (one year to three years), such as advertisement activities or mediation by using high radio media, in the area of increase (one year to three years), such as brokerage, etc. of commercial sex acts subject to the age of 19 or older;

2. Specific reasons for sentencing have been punished once by a fine on December 30, 2014.