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(영문) 서울중앙지방법원 2020.01.09 2019고단6565

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the manager of Gangnam-gu Seoul and Da E businesses, and Defendant B is the head of the above businesses.

1. Defendant A, from March 2, 2019 to February 28, 2019, managed the said establishment by managing women of sexual traffic, posting Internet advertisements, and promising customers using spophones, etc. at the said establishment, Defendant A, while receiving 120,000 to 170,000 won per time of sexual traffic from a large number of unspecified men suffering from the said establishment as payment for sexual traffic and had them sexual intercourse with the said men.

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

2. On February 2019, Defendant B, upon receiving a request from F, the operator of the above business establishment, assisted the acts of arranging sexual traffic, etc., such as guiding the women of sexual traffic to find the above business establishment at the date, time, place, and giving and receiving the price for sexual traffic, upon receiving the request from F, who is the operator of the above business establishment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of Defendant A by the prosecution;

1. Each police suspect interrogation protocol against Defendant B, G, and H

1. Details of currency;

1. Internet trade advertising closure photographs, crime scene photographs, night photographs of women engaged in sexual traffic, text messages to captures and photographs;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article applicable to criminal facts;

(a) Defendant A: Article 19 (2) 1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.;

(b) Defendant B: Article 19(2)1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. and Article 32 of the Criminal Act

1. Assistance and mitigation (Defendant B) Articles 32 (2) and 55 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse;

1. Legal grounds for collection (the defendants): The grounds for calculation of the latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic at the time of the investigation by the defendants.