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(영문) 서울중앙지방법원 2015.03.20 2015고단352

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for six months and by a fine of five thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant leased Btel 1308 in Seoul Special Metropolitan City, Gwanak-gu, operated a commercial sex trafficking business establishment called “C”, advertised the above business establishment on the Internet “D” et al. and employed E et al. as female employees.

On October 26, 2014, the Defendant: (a) around 19:30, around 19:30, the Defendant engaged in commercial sex acts, such as arranging sexual traffic with female employees E, by having them enter the said 1,308 after receiving KRW 130,00 from the customers who reported the Internet advertisement; and (b) allowing them to receive payments for sexual traffic equivalent to KRW 140,000 from October 2, 2014 to October 26, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the photographic Acts and subordinate statutes;

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

1. Selection of an alternative sentence of imprisonment and the concurrent imposition of a fine (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic);

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

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

1. Probation and community service businesses under Article 62-2 of the Criminal Act;

1. Amount additionally collected under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic: 750,000 won [10,000 won (140,000 won per grandchild - 90,000 won paid to female employees per guest)] earned from the business of arranging sexual traffic;

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

1. Type 2 (Mediation, etc. of Commercial Sex Acts due to Business Consideration, Receipt, etc.) (one year to three years) in the area of aggravation (one year to three years), such as advertisement activities or mediation by using high radio media, in the area of increase (one year to three years), such as brokerage, etc. of commercial sex acts subject to the age of 19 or older;

2. The defendant does not have any particular history of sentencing, and the defendant does not commit a second offense against his/her mistake, as he/she does not have any significant business size, and the age, occupation, and occupation of the defendant.