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(영문) 서울서부지방법원 2018.10.19 2018고단2852

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A shall be punished by a fine for negligence of 5,000,000 won and by a fine of 300,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. From early June 2018 to July 17, 2018, the Defendant: (a) had a male customer with facilities such as the Seoul Mapo-gu Officetel 2004 and the Seoul Mapo-gu Seoul Mapo-gu Office 702, advertising the commercial name “F” on the Internet website “E”); (b) received KRW 110,000 won from the male customer who had contacted with the advertisement report; (c) had the male customer receive KRW 110,00 won from the sexual traffic; (d) had the male customer receive KRW 70,00 won from the sexual traffic to the said place; and (e) had the male customer guide the said place to sexual traffic; and (e) had the female female customer engage in a similar sexual intercourse, which would be harming the sexual desire of the male customer on his/her hand, and then had the sexual intercourse with the sexual intercourse.

2. On July 12, 2018, Defendant B, around 22:00, had a male customer G with KRW 70,000,00 out of the price of sexual traffic provided by Mapo-gu Seoul Metropolitan Government Office Office Officetel 2004, and Defendant B engaged in sexual intercourse with a similar sexual intercourse that had a sexual organ of G knife and ske under the foregoing condition, and engaged in sexual intercourse.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the examination of the police officers in relation to G, H and I;

1. Application of Acts and subordinate statutes governing business advertisements, lease contracts, or officetels rental contracts;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts; Defendant A who selects a fine: Article 21 (1) of the Act on the Punishment of Acts, such as Mediation, etc. of Commercial Sex Acts; Selection of a fine;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 25 of the Act on the Punishment of Acts, such as Arranging sexual traffic;

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

1. Defendant A: The size and period of business, acquisition gains, etc. are relatively not more severe, the fact that there is no criminal history in the same kind of crime, and other various sentencing conditions such as the age, sex behavior, environment, etc. of the Defendant;

1. Defendant B: A person who has no record of criminal punishment and commits a crime.