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(영문) 서울중앙지방법원 2014.12.19 2014고단8068

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for six months and a fine of five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

피고인은 서울 강남구 C 오피스텔 201호, 1119호 및 1217호와 D 오피스텔 720호를 임차하여 ‘E’라는 상호의 성매매업소를 운영하면서, 인터넷 ‘즐톡’ 등의 사이트에 위 업소를 광고하고, F 등을 여자종업원으로 고용하였다.

G worked as the head of the office at the above business establishment, and was in charge of activities such as customer guidance.

At around 01:00 on April 18, 2014, the Defendant, in collusion with G, engaged in commercial sex acts, such as arranging commercial sex acts, from March 25, 2014 to May 1, 2014, by providing guidance to KRW 150,000 from customers H and Ctel 1119, and providing guidance to female employees F and sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of police suspects of I, J, F, K, L, H, G, and M;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on advertisement materials, photographs, lease contract;

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

1. Imprisonment with prison labor and a fine concurrently (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The grounds for sentencing under Article 48(1) of the Criminal Act for forfeiture [the scope of recommending punishment] and the grounds for sentencing under Article 48(1) of the Criminal Act, the basic area (6 to 1 year and 4 months) of the type 2 (the brokerage, etc. of commercial sex acts due to the receipt, payment, etc. of business costs) (the decision of sentencing] of the crime of this case, the size of the crime of this case, the period of the crime, the method of the crime, and the fact that the defendant continues to engage in the business

However, the fact that the defendant acknowledges and reflects the mistake, that the defendant is the first offender who has no previous conviction, and all of the sentencing conditions as shown in the arguments, such as the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime, etc.