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(영문) 서울중앙지방법원 2018.12.21 2018고단6463

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendants shall be punished by imprisonment for not more than four months and by a fine not exceeding one million won.

The Defendants did not pay the above fine.

Reasons

Punishment of the crime

Defendants are night-time chiefs of sexual traffic business places with the trade name "E" on the first floor of D hotel in Gangnam-gu Seoul Metropolitan Government.

Defendant

From January 2018 to March 15, 2018, Defendant B, in collusion with the employer of the said sexual traffic business establishment from January 2018 to March 2015, 2018, received KRW 45,000 to KRW 110,00 from male customers who found the said place, and had employees of the said business, such as K, etc. receive the same behavior in a manner that stimulates the sexual organ of male customers.

Accordingly, the Defendants conspired with F, G, H, I, J, etc. to arrange commercial sex acts.

Summary of Evidence

1. Defendants’ legal statement

1. Each police suspect interrogation protocol against the Defendants, K, L, M, N,O, P, J, H, I, and F

1. Each statement of K, N,O, Q, R and P;

1. A real estate lease contract and a monthly lease contract of real estate;

1. Spatial photographs on the spot and photographs of the advertisement of business places;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant legal provisions concerning facts constituting an offense and the Defendants who choose a punishment: Imprisonment with prison labor and a fine pursuant to Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc., Article 30 of the Criminal Act, Article 24 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts

1. Defendants to be detained in a workhouse: Articles 69(2) and 70(1) of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A: Article 48(1)1 and 2 of the Criminal Act, the former part of Article 25 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc.;

1. Defendants of the provisional payment order: The following specific circumstances in the sentencing of Article 334(1) of the Criminal Procedure Act, and the period, scale, method of operation, and the scale of profits accrued therefrom, the Defendant’s age, sex and conduct, environment, motive and result of the crime, and the circumstances after the crime, etc., shall be determined by comprehensively taking into account all the conditions of sentencing as indicated in the argument of the instant case, including the following:

The size of this case's sexual traffic business is not certain.