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(영문) 서울중앙지방법원 2015.04.10 2015고단496

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 4,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant: (a) operated a sexual traffic business establishment under the trade name “C” on the Gangnam-gu Seoul Building No. 815 and 1517; (b) advertised the said business establishment on the Internet “D,” etc.; and (c) employed E, etc. as female employees.

At around 15:30 on October 10, 2014, the Defendant engaged in the act of arranging sexual traffic, etc. for the same business from August 15, 2014 to October 27, 2014, by requiring the Defendant to take 2.30,000 won from the customer F, and to enter the said 1.517.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect with respect to E, F, G, and H;

1. Application of Acts and subordinate statutes to photographs (field control, Internet advertisement);

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. Social service businesses under Article 62-2 of the Criminal Act;

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

1. The types (one to three years) in the aggravated area (one year and three years), such as the brokerage, etc. of commercial sex acts subject to the age of 19 or older, (one-year brokerage, etc. for commercial sex acts due to the receipt, delivery, etc. of business prices), shall be added to the sentencing guidelines [the scope of recommendations] and the brokerage of commercial sex acts using a medium

2. The Defendant’s specific reasons for sentencing are determined as per Disposition on the same grounds as the sentence, in full view of the Defendant’s age, character and conduct, family environment, size and period of business (for two rooms, two months, three months, and three times) and the conditions for sentencing specified in the oral argument, including the circumstances before and after the commission of the crime.