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(영문) 서울북부지방법원 2020.08.21 2019고단3503

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 the owner of a "C" sexual traffic business in Dobong-gu Seoul Metropolitan Government and the first underground floor.

From April 5, 2019 to the 15th day of the same month, the Defendant installed three rooms in a space of about 30 square meters, two shower rooms, one waiting room for female employees, etc., and received 10-110,000 won for sexual traffic from an unspecified number of customers who found the place, and had them do sexual intercourse with D and female employees.

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Examination protocol of police suspect regarding D;

1. E statements;

1. A report on investigation (amount of additional collection);

1. Application of Acts and subordinate statutes on site photographs and real estate lease contracts;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Imprisonment with labor concerning facts constituting an offense;

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. The crime of violation of Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. with the reason of sentencing is a highly harmful criminal, such as by commercializing sex and undermining the sound sexual culture and good morals. Even though the defendant had already been punished by a fine for the same kind of crime, it is not good that the crime of this case is committed again in light of the fact that the defendant had already been punished as a fine.

However, considering the circumstances favorable to the defendant, the fact that the defendant has recognized the crime of this case, the suspension of the operation of the above businesses in the future and the finding of other legitimate sources of revenue, and considering other circumstances favorable to the defendant, including the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account the various circumstances, which form the conditions for sentencing as shown in the arguments and records.