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(영문) 서울중앙지방법원 2016.02.05 2015고단7811

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendants shall be punished by imprisonment with prison labor for ten months and by a fine of five million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A From February 1, 2015 to June 7, 2015, a person who operated a sexual traffic business establishment with the trade name "H" or "I" in Seocho-gu Seoul Metropolitan Government G Apartment 712, 724, 1401, and 1409, Defendant B is an employee of the said business establishment from March 1, 2015 to June 7, 2015, and a person who independently runs the said business establishment from July 1, 2015 to August 7, 2015.

1. The Defendants jointly committed the crime committed by the Defendants: (a) from February 2015 to June 2015, 2015, received KRW 100,000 from the male who was unable to know his/her name at the said sexual traffic business establishment from the male who was unable to know of his/her name at the said business establishment; and (b) conspired with employeesJ of the said business establishment to arrange sexual intercourse similar to that of the J for engaging in the act of arranging sexual traffic for business purposes.

2. On August 7, 2015, the Defendant received KRW 80,00 from K and L each of the above businesses at the above businesses of sexual traffic around 7.00:50, and arranged the above businesses to have sexual intercourse similar to Ma and N, a female sexual traffic, as well as engaging in the business of arranging sexual traffic from around July 1, 2015 to August 7, 2015.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. A protocol concerning the examination of each police officer in relation toO, P, J, M, K, N, or L;

1. Application of Acts and subordinate statutes to each photograph, Kakao Stockholm conversation content data, investigation report (report on the calculation of additional collection charges);

1. Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts (Article 30 of the Criminal Act shall be added to the crimes falling under Article 19(2)1 of the same Act concerning criminal facts

1. Selection of punishment (the Defendants) and the concurrent imposition of fines (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic)

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

1. Articles 70(1) and 69(2) of the Criminal Act to attract the workhouse (the Defendants)

1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (the Defendants)

1. The provisional payment order (the Defendants).