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(영문) 서울북부지방법원 2015.04.08 2014고단4664

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant operated a commercial sex acts business establishment under the trade name of "D" in Dobong-gu Seoul Metropolitan Government building 602, 903, and 1227. From the early July 2014 to the early July 22, 2017, the Defendant: (a) recruited E, F, etc. as female employees on the condition that he/she would pay an amount equivalent to 90,000 won among 140,000 won or 130,000 won for each customer; (b) hired E, F, etc. as female employees; (c) had F, around July 23:40, 2014, sexual intercourse with male customers on the name of 602, 903, or 1227; and (d) from around July 10, 2014 to around July 22:0 of the same year, the Defendant received the payment.

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol (Evidence Nos. 8), G, and H: Police suspect interrogation protocol;

1. Written statement of the F;

1. Internet advertisements, on-site photographs, and outputs of advertising details;

1. An investigation report (calculated additional charges);

1. Application of Acts and subordinate statutes on seizure records;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the punishment (compacting imprisonment with prison labor, with prison labor),

1. Article 62 (1) of the Criminal Act;

1. The former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (No. 1) and Article 48 (1) 1 of the Criminal Act (No. 2);

1. Criteria for sentencing reasons for the latter part of Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the amount additionally collected 2,700,000) [type] / [the scope of recommending punishment / [the range of imprisonment / 1 year and 3 years] aggravated area (a person under special relationship] - The decision of recommending punishment using a medium with high spreading advertising or high spreading, in particular, the first offender among the major general sentencing factors and the amount of profit revealed is not large.