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(영문) 서울중앙지방법원 2016.06.10 2016고단2374

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

P shall be punished by imprisonment of 10 months and fine of 5,00,000 won, by imprisonment of 6 months and fine of 3,00,000 won, respectively.

Reasons

Punishment of the crime

[criminal history] Defendant P was sentenced to imprisonment with prison labor for special larceny on January 23, 2013, with prison labor and two months in support of Sungnam branch of Suwon branch of Suwon branch of Suwon branch of Korea, and on August 28, 2013, Defendant P was sentenced to eight months of imprisonment with prison labor for fraud and completed the execution of the sentence in Gwangju prison on September 11, 2014.

[2] Defendant P, on January 25, 2016, advertised the name of “G” on the Internet site, such as Qu and R, by leasing subparagraph 721 and 1002 of the Seocho-gu Seoul Metropolitan Government Ftel, around January 25, 2016, is a person who operated a commercial sex business establishment. Defendant C is a person who worked at the above business establishment as the head of office.

From January 25, 2016 to February 18, 2016, the Defendants reported the Internet advertisement in two rooms from February 19, 2016 to February 24, 2016, and directed male customers, such as S and T, to receive KRW 1.60,00 won from male customers, and directed them to the said officetel, and let them do the sexual intercourse or similarity with male customers.

As a result, Defendants recruited or Defendant P alone arranged sexual traffic.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the examination of the police officers in relation to U, S, V, and T;

1. Each protocol of seizure and the list of seizure;

1. Crafic photograph;

1. On-site investigation reports (on-site control photographs);

1. Previous convictions: (P) a written reply to inquiry, such as criminal history, reporting on the results of confirmation of previous convictions on disposition, investigation reports (Attachment to rulings on suspect PP), five copies of judgment, investigation reports (crimes during the period of suspect repeated crime), and application of Acts and subordinate statutes on the number and acceptance status of individuals;

1. Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts, and Article 30 of the Criminal Act regarding criminal facts (the period during which Defendant P commits the sole crime is excluded from Article 30 of the Criminal Act)

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. Aggravationd repeated crimes (Defendant P) Article 35 of the Criminal Act.