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(영문) 서울서부지방법원 2019.11.27 2019고단3144

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From February 2019 to May 20, 2019, the Defendant: (a) waiting in an officetel, F (for example), H (for example), and I (for example), etc. pre-contracteded through the website; and (b) received 160,000 won, 90,000 won, and 320,000 won from male customers recruited through B; and (c) paid some of them to female employees, and had the said female employees have sexual intercourse with customers, thereby engaging in the conduct of arranging sexual traffic, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of F, K, and H;

1. Investigation report (attaching photographs of the control site);

1. Photographs of text messages;

1. Application of each applicable statute of the existing Acts and subordinate statutes of subparagraphs 1 through 5, seized evidence;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense (Concurrent punishment of imprisonment and a fine under Article 24 of the same Act);

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

1. Article 62(1) and (2) of the Criminal Act on the suspension of execution (limited to imprisonment);

1. The former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

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

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

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation types according to the sentencing guidelines (the determination of types) shall be limited to the sexual traffic crimes in which the age is at least 19;

(b) Aggravation factors, such as brokerage, etc. (type 2) of commercial sex acts, brokerage, etc. of commercial sex acts due to business and receipt, etc. of consideration: In the increased area of brokerage [the area of recommendation and the scope of recommendation] using a medium with high frequency of advertisement or propagation, one year to three years of imprisonment;

3. In light of the fact that the Defendant, who was sentenced to punishment, operated a sexual traffic business establishment in many rooms, and advertised by using an Internet medium with high radio wave, etc., the crime is committed.