beta
(영문) 서울동부지방법원 2014.12.26 2014고단2167

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment 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

Criminal facts

The Defendant is a business owner operating “C” on the first floor of Songpa-gu Seoul Metropolitan Government B.

No one shall assist an unspecified person to perform sexual intercourse or similar sexual intercourse in return for receiving or promising to receive money, valuables or other property benefits from such an unspecified person.

At around 22:10 on March 17, 2014, the Defendant: (a) received approximately 30 minutes or 110,000 won per man’s grandchildren in return for sexual intercourse from unspecified male descendants; and (b) had sexual traffic women employed on the condition that 60,000 won should be paid among them do sexual intercourse with customers; and (c) on November 201, 2013, the Defendant received approximately 9:110,000 won per man’s grandchildren from unspecified male descendants and had them do sexual intercourse over a total of approximately 267 occasions (excluding cash sales) as shown in the list of crimes.

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

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of police officers concerning D, E, F, and G;

1. Each statement of D, E, G, and F;

1. The protocol of seizure and the list of seizure, business registration certificate, photograph of business place, cardbook, real estate lease contract, statement of bank transaction, and list of offenses;

1. Application of Acts and subordinate statutes to investigation reports (calculated of suspect's interests), investigation reports (Attachment of copies of seized articles);

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. Article 48 (1) of the Criminal Act, Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Each of the crimes of this case with reasons for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic is that the defendant has engaged in the business of arranging sexual traffic at the instant establishment, while the crimes of arranging sexual traffic, etc. are commercialized.