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(영문) 서울남부지방법원 2017.11.24 2017고단4803

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant leased No. 913 of Gangseo-gu Seoul Metropolitan Government Btel, No. 1 B of Gangseo-gu Seoul Metropolitan Government building C, No. 608, and operated a sexual traffic business establishment called “D”.

On July 28, 2017, the Defendant: (a) around 20:30 of the Btel No. 913, and (b) caused E, a female employee, to receive 1.50,000 won for sexual traffic from F, a male customer, and to engage in F and sexual intercourse; (c) around August 18, 2017, the Defendant received 110,000 won for G and sexual intercourse from H, a male customer.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer concerning H, G, E, or F;

1. Application of Acts and subordinate statutes to documentary evidence photographs and field photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense and Article 19 (2) 1 of the Act on the Punishment of Acts, Etc. of Arranging Punishment

1. The act of arranging sexual traffic for the reason of sentencing under Article 62(1) of the Criminal Act (a favorable condition among the reasons for sentencing) needs to be strictly eradicated because of the lack of social harm, such as harming the sound sexual culture and good morals by commercializing women's sex. The Defendant’s act of arranging sexual traffic is not an offense against the Defendant, considering the following: (a) the Defendant has employed multiple sexual traffic women and rents many officetels, uses them as sexual traffic places; and (b) has operated sexual traffic brokerage business by using an Internet site; and (c) the Defendant has engaged in multi-time sexual traffic brokerage business even after regulating sexual traffic brokerage business.

However, considering the fact that the defendant committed the crime in this case and against the mistake, the primary offender is the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime in this case, and all the sentencing conditions as shown in the theory of changes.