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(영문) 서울중앙지방법원 2018.07.05 2018고단2940

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

B (Disposition No indictment on March 30, 2018) is a so-called business trip agent who sends a female sexual traffic to a customer who wants to engage in sexual traffic, and the defendant is employed by B to send a female sexual traffic to the customer.

No person shall arrange, solicit, induce, or compel an unspecified person to engage in sexual intercourse or sexual traffic, such as sexual intercourse or similar acts, in return for receiving or promising to receive money, valuables, or other property benefits.

Nevertheless, the Defendant conspired with B, and around September 14, 2017, in collusion with B, the Defendant: (a) contacted with many unspecified male customers who reported and contacted the front door of a business trip in an area crowded with the government city; and (b) received the payment for sexual traffic; (c) the Defendant, while driving a vehicle, allowed B to move the vehicle to a place where a male guest who paid money to get on board, such as C (the same day sexual traffic protection case), employed in advance by B (the same day sexual traffic protection case), had the customer and the female have sexual intercourse; and (d) arranged sexual traffic for business from around August 2, 2017 to September 14, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of a suspect of the police against C or B;

1. The written statement of the defendant;

1. Police seizure records and list of seizure;

1. Application of three Acts and subordinate statutes, such as photographs and promotional leaflets, of the registered sea booms found on the spot;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48 (1) 1 of the Criminal Act, the former part of Article 25 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc.;

1. Specific circumstances after Article 25 of the Act on the Punishment of Acts, such as the Mediation, etc. of Additional Collection, that the defendant's reasons for sentencing recognize and reflects the facts charged, that there is no record of the same kind of crime, and that the degree of participation in the crime is relatively minor, and the age, sex, environment of the defendant.