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(영문) 서울동부지방법원 2019.06.14 2019고단914

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) operated “Cmasts” on the first floor of Songpa-gu Seoul from around December 8, 2018 to February 19, 2019. The Defendant received 6-140,000 won from many unspecified male customers who reported and contacted Internet amusement site advertisements, such as “D,” and had the female sex trafficking women employed by the Defendant do sexual intercourse.

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

2. 성매매알선등행위의처벌에관한법률위반(성매매광고) 피고인은 위와 같은 기간 동안 ‘D’ 인터넷 유흥 사이트에 ‘C 아로마 프리미엄 마사지샵 C’, ‘A코스 오일마사지 핸플 40분 60,000원 / B코스 오일마사지 핸플 60분 80,000원 / C코스 동반샤워 VIP원샷 40분 주간 70,000원, 야간 80,000원 / C코스 동반샤워 VIP투샷 70분 주간 130,000원, 야간 140,000원’이라는 내용을 게시하였다.

Accordingly, the defendant advertised to attract sexual traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Detailed statement of a commercial monthly rent contract, list of telephone numbers, and mobile phone messages;

1. Application of Acts and subordinate statutes to the scene of business and pictures of commercial sex acts;

1. Relevant Articles 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, the Punishment of Acts of Arranging Sexual Traffic, Article 20 (1) 3 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Imprisonment with prison labor for an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (based on the calculation of an additional collection charge: 12,260,000 won (proceeds from December 8, 2018 to February 19, 2019), and 54-56 pages of investigation records)

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The application of the sentencing criteria shall be recommended;