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(영문) 서울서부지방법원 2018.05.23 2018고단941

성매매알선등행위의처벌에관한법률위반

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From February 2018 to March 2018, the Defendant, in the name of “B”, posted a letter on the Internet commercial sex acts advertising site “C,” etc., and reported commercial sex acts advertisement to “C,” etc., and received KRW 1.60,00 won from the unfortunate male customers who met with the advertisement of commercial sex acts. The Defendant, in Seoul Seodaemun-gu D Officetel Nos. 804 and 1012, had the female sexual sex acts such as “E,” and engaged in commercial sex acts such as arranging commercial sex acts.

2. On February 20, 2018, from around February 20, 2018 to February 22, 2018, the Defendant: (a) posted a written advertisement of commercial sex acts in the name of “B” on the Internet sexual traffic advertising site “C,” etc.; (b) received KRW 170,000 from the male customers who are not in contact with the advertisement of commercial sex acts; and (c) made the women of commercial sex acts, such as Seoul Seodaemun-gu Office Officetel 1015 to have sexual intercourse with the male customers, thereby engaging in commercial sex acts, such as arranging commercial sex acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Each police statement protocol with respect to E and G;

1. A report on investigation (Attachment to a real estate lease agreement) and a report on investigation (a CCTV analysis in commercial sex acts establishments);

1. Application of Acts and subordinate statutes to regulations on the field of officetels;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging, etc. Sexual Traffic concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order of community service order is that commercial sex acts are highly harmful to the society due to the commercialization of sex and harm to the sound sexual culture and good morals, etc., and the same year as the brokerage of commercial sex acts on February 22, 2018;

3. In light of the fact that the Defendant’s criminal liability is unreasonable because he/she continues to conduct business without any reflect even though he/she was under control, etc., the Defendant’s criminal liability is unlimited, but the Defendant recognized the crime in the course of trial, and reflects his/her mistake.