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(영문) 서울중앙지방법원 2019.02.13 2018고단6069

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of thirty thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who resides in the east of Japan and operates a sexual traffic establishment.

1. From September 2009 to July 201, the Defendant: (a) employed female employees, such as C, who had been in Korea, to engage in sexual traffic; and (b) assisted sexual traffic by having them receive 20,000 to 60,000 UN or 60,00 from male customers; and (c) arranged sexual traffic.

2. From July 201 to May 24, 2015, the Defendant: (a) operated a commercial sex business establishment in the name of “E”, “F”, and “G” in the region east of Japan; (b) employed female employees, such as C, in Korea, to engage in commercial sex acts; and (c) arranged commercial sex acts by having them receive 20 to 60,000 UN from male customers and receive 20,000 UN from male customers.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol on H, I, J, K, L, M, N,O, P, and Q;

1. A seizure record and a list;

1. Application of Acts and subordinate statutes to investigation reports (organization of the contents of a suspect A's cellphone), investigation reports (the results of analysis of cellphone sirens, etc.);

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 sentence of imprisonment with prison labor, but the punishment of acts of arranging sexual traffic shall be concurrently imposed by a fine pursuant to Article 24 of the Act;

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, considering the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions stated in the arguments and records in the instant case, such as the circumstances after the crime, the sentence shall be determined as ordered.

A extenuating circumstances: The defendant shall be given a long period.