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(영문) 서울중앙지방법원 2019.05.14 2019고단1342

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 through 4 shall be confiscated from the defendant.

Reasons

Criminal facts

On November 8, 2017, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Central District Court for fraud, etc., and completed the execution of the said sentence on July 19, 2018.

On December 2018, the Defendant recruited to arrange C and sexual traffic by working as the head of the "office who manages the said establishment at a sexual traffic business establishment with the trade name called Yeongdeungpo-gu Seoul Metropolitan Government B building and D'D' in the first underground floor."

On February 26, 2019, the Defendant: (a) around 22:05, the Defendant, at the foregoing business establishment, arranged to receive 80,000 won from F, a male customer, from F, and arrange to engage in F and sexual intercourse; (b) the Defendant, at the same place from December 2018 to February 26, 2019, received the payment of sexual intercourse from 16:20 male customers at the average of 16-20 male customers per day in the same manner in the same place; and (c) assisted by three female employees of the nationality of Thailand, such as the above E, to do sexual intercourse with them.

Summary of Evidence

1. Defendant's legal statement;

2. Each police interrogation protocol against F, G, E, H, I, J, and C;

3. A report on investigation (on-site photographs and photographs) and photographs;

4. A report on investigation (referring to advertising of business places in the sex trade advertising site and to the closure of the business) and a photograph of closure.

5. Records of seizure and previous records indicated in the list of seizure: Application of criminal records, inquiry reports, and criminal investigation reports (verification during the period of repeated crimes A)-related Acts and subordinate statutes;

1. Articles 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense, Article 30 of the Criminal Act (generally, the defendant does not have the identity of a business operator), the proviso to Article 33 of the Criminal Act, and Article 19 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic under the proviso to Article 50 of the Criminal Act, and the choice of imprisonment;

2. Article 35 of the Criminal Act among repeated crimes;

3. All the circumstances revealed in the oral proceedings of this case, including the defendant's age, record of the crime, character and conduct, environment, and circumstances after the crime, etc. of reasons for sentencing under the former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic.