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(영문) 서울남부지방법원 2017.09.13 2017고단2468

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

1. Defendant A shall be punished by imprisonment with prison labor for ten months and a fine of three million won;

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

From the end of August 2016 to November 18, 2016, the Defendants operated the three floors of building in Gangseo-gu Seoul Metropolitan Government and the trade name of “F”, and conspired to divide profits from arranging sexual traffic by having the female employees and sexual intercourse in return for the payment of sexual traffic from the male wishing to purchase.

On November 17, 2016, the Defendants received 120,000 won from two male workers wishing to purchase their names in the above place, and had female workers G have sexual intercourse once with each other. On November 18, 2016, the Defendants received 120,000 won from two male workers wishing to purchase their names in the same place and received 120,000 won from two male workers wishing to purchase their names in the same place, and had H have each female workers have sexual intercourse with each other.

As a result, Defendants conspired to act as commercial sex acts such as brokerage.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police officer in relation to I, H and G;

1. Police seizure records;

1. Application of statutes on site photographs;

1. Relevant legal provisions and the Defendants’ choice of punishment for the crime: Article 19(2)1 of the Act on the Punishment of Acts, Including the Mediation, etc. of Commercial Sex Acts; Article 30 of the Criminal Act (generally, Defendant A shall be punished by imprisonment with prison labor and a fine pursuant to Article 24 of the said Act; and Defendant B shall be punished by imprisonment with prison labor)

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Confiscation Defendant B: Article 48(1)1 of the Criminal Act;

1. The Defendants: The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic; and

1. Defendant A with a provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] is the basic area of the recommendation [the scope of the recommendation and the scope of the recommended punishment], six months to six months of imprisonment.