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(영문) 서울중앙지방법원 2018.05.09 2018고단1509

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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[Defendant A] Imprisonment with prison labor and fine of KRW 7,00,000 shall be punished.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a commercial sexual traffic business with the trade name “E” on the fourth floor of a building located in Gangnam-gu Seoul Metropolitan Government D.

From October 11, 2017 to December 28, 2017, the Defendant installed nine marina rooms, three employees waiting rooms, one customer waiting room, etc., and employed female workers of sexual traffic, recruited customers through Internet sexual traffic site “F”, “G”, etc. to receive KRW 100,00 to 220,000 in return for sexual traffic, and led female workers, such as H, I, J, and K, to conduct an act of sexual intercourse in person, by stimulating male workers, including H, I, J, and K, to have sexual intercourse with their own sexual organ.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. Defendant B, from October 20, 2017, worked as an employee at the above “E” establishment from around October 20, and, in order to assist Defendant B, upon being aware of the fact that sexual traffic was mediated by the said business, provided that, from that time to November 20, 2017, Defendant B provided guidance to customers who received sexual traffic payments from the said establishment and visited in order to assist the said business.

3. From October 2017, Defendant C worked as an employee at the above “E” establishment from the lower patrolman, and, in order to assist the said business, Defendant C knew that sexual traffic had been mediated, provided that, from that time to December 28, 2017, Defendant C provided guidance to customers who visited the said establishment by receiving the price for sexual traffic and received the price for sexual traffic from the said establishment until December 28, 2017.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the examination of a police officer against C, I, J, K, L, H, M, N, orO;

1. A protocol of seizure and a list of seizure;

1. Scenic photographs and commercial sex acts advertising photographs;

1. A report on internal investigation:

1. Application of the Act and subordinate statutes to a report on investigation (related to attachment of field enforcement photographs) (Defendant A);

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

1. Selection of an alternative imprisonment with labor, but the Punishment Act, such as brokerage of sexual traffic, shall apply;