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(영문) 서울중앙지방법원 2017.09.22 2017고단4702

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

From May 12, 2017 to June 14, 2017, the Defendant: (a) leased No. 302 of Gwanak-gu Seoul Special Metropolitan City Officetel 902; (b) sought women, including E through D and other job offer sites to wait in the said officetel; (c) advertised the said officetel with the trade name of “G” on the Internet site, such as “F”; (d) directed male, including H and other male, who contacted with the said advertisement report; and (e) ordered female, including E, to receive KRW 100,00 from male, including H, for the price of commercial sex acts, and to promptly assess them by harming the sexual organ of male, such as H, as his hand.

As a result, the defendant committed acts such as brokerage of sexual traffic by means of similarity in business.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes concerning photographs of control site and closure data on the Internet homepage;

1. Article 19 (2) 1 and Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense (Concurrent punishment of imprisonment and penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (A prosecutor is seeking confiscation of the total amount of KRW 100,000,000,000,000,000,000,000.

However, insofar as sexual traffic women have seized the above money before they deliver the defendant's share to the defendant, there is money or other valuables or benefits that the defendant obtained from the crime of this case.

The recognition is insufficient, and there is no other evidence to prove it.

In addition, when the defendant forfeits money and valuables acquired as a result of the crime of arranging sexual traffic pursuant to Article 25 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic, women cannot be deemed as co-offenders in the act of arranging sexual traffic. Article 25 of the above Act does not include Article 21 of the above Act, which is a punishment provision for the sexual traffic women, and therefore, money received by