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(영문) 서울남부지방법원 2017.10.18 2017고단3566

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From May 15, 2017 to June 22:25, 2017, the Defendant leased the first floor of the building located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and operated a commercial sex dealing business establishment with the trade name of "C" by employing three female employees of the nationality of the Thailand. The Defendant posted an advertisement on "D," etc., an Internet site of a commercial sex dealing business establishment, and recruited male customers who wish to purchase sex, and had eight average of eight male customers per day receive eight to twenty thousand won from and have them engage in sexual intercourse or similarity with female employees.

As such, the Defendant engaged in commercial sex acts such as arranging sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Police seizure records;

1. Investigative reports (Calculation of profits from sexual traffic);

1. Application of the provisions of this Act and subordinate statutes to output a letter on publicity of the Internet business establishment, to output a seized cash photograph, to output a seized mobile phone photograph, and to output a field photograph;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., concerning facts constituting an offense, and Article 19 (2) 1 of the same Act (generally, selection of imprisonment with prison labor);

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

1. The community service order under Article 62-2 of the Criminal Act;

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. Grounds for sentencing after Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection of Sex Acts;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Aggravation factors, such as (2) brokerage, etc. of commercial sex acts due to business operations, receipt of consideration, etc. (special sentencing factors): The area of aggravation [the territory of recommendation and the scope of punishment recommended], one year or three years imprisonment, respectively.

3. Reasons for probation [major reasons for probation]. Giving positive results by using advertisements or a medium with high radio wave (general reasons for consideration): There is no previous conviction in the same kind and suspended execution.