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(영문) 서울중앙지방법원 2018.11.23 2018고단5674

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A Imprisonment of one year and six months, fine of 20 million won, Defendant B’s imprisonment with prison labor of six months and fine of 5 million won, and Defendant C.

Reasons

Punishment of the crime

Defendant

A In Gangnam-gu Seoul Metropolitan Government Office Etel E, F, G, etc., a business owner who operates commercial sex acts with the trade name of “H”, and Defendant C and Defendant B are the heads of the above commercial sex acts establishments.

The Defendants, together from June 1, 2017 to July 6, 2018 (Provided, That from July 2017 to January 30, 2018, Defendant C, from November 2017 to January 30, 2018; Defendant B, from January 30, 2017 to January 30, 2018; and from January 30, 2018 to “I”, “J”, “K”, and other adult Internet site advertisements, including L and M, which were found to be reported to and found from sexual buyers whose names were unknown from sexual buyers, who received 150,00 won or more as the price for sexual traffic, and ordered them to have sexual intercourse with the aforementioned female sexual traffics, including those who purchase sexual traffic, one of them.

As a result, Defendants conspired to arrange sexual traffic for business purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect to the prosecution regarding N;

1. A protocol concerning the examination of each police suspect against L, M orO;

1. A report on investigation (calculated criminal proceeds);

1. Application of the Acts and subordinate statutes governing evidence photographs;

1. Relevant Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. and Article 30 of the Criminal Act concerning facts constituting an offense (Concurrent imprisonment with labor and fines pursuant to Article 24 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic)

1. Articles 70(1) and 69(2) of the Criminal Act on the confinement of the workhouse (defendants)

1. Article 62(1) and (2) of the Criminal Act, the suspension of execution (defendant A and B);

1. Protection and observation (defendant A) under Article 62-2 of the Criminal Act;

1. The amount additionally collected pursuant to Article 25 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic (Defendant A): 143,00,000 won (=286 days x 10 x 50,000 won x 50,000 won each week during the period of crime, and the actual business day shall be five days each week during the period from June 1, 2017 to July 6, 2018, and the actual business day shall be 286 days ( = 401 x 5/7, a minority) per day, average 10,00 won per person);

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.