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(영문) 서울북부지방법원 2016.04.21 2016고단72

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 1,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

In collusion with the Defendants, from around August 15, 2015 to around February 24, 2015, Defendant A operated “D” and “Mampact business” located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, and employed five women, including the Defendant B, as female employees, with five smuggling equipped with bed and shower facilities, and five women, including the Defendant B, as employees from around 20th of the same month to around 24th of the same month. Defendant B received 120,000 won of sexual traffic from the above male customers, and caused the above women to have sexual intercourse with the above male customers or scambling their sexual organ with their hands, and 500,000 won of the sexual traffic payment received as above, thereby gaining profits by giving them a total of 70,000 won per time.

As a result, Defendants conspired to arrange sexual traffic for business purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the examination of a police officer in relation to E, F, F, G, H, and I;

1. Written Statement;

1. A credit card sales slip;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (examination of calculation of an additional collection charge);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts, and Article 30 of the Criminal Act (generally, selection of imprisonment with prison labor);

B. Defendant B: Article 19(2)1 of the Act on the Punishment of Acts, such as Mediation, etc. of Commercial Sex Acts; Article 30 of the Criminal Act (a comprehensive determination of fines, etc.)

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Confiscation Defendant B: Article 48(1)1 of the Criminal Act / [the wireless card board (design name: SH200) 1 (Evidence No. 1) of the seized radio card board belongs to the ownership of a person other than the criminal, and it shall not be confiscated;

1. Defendant A: Criteria for sentencing reasons after Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of sexual traffic;

A. Defendant A [the scope of a recommended sentence].