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(영문) 서울중앙지방법원 2019.07.11 2019고단2731

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 through 14 shall be confiscated from the accused.

Reasons

Punishment of the crime

【Criminal Power】 On October 28, 2016, the Defendant was sentenced to imprisonment for ten months with labor for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Seoul Central District Court on the Punishment of Arrangement of Commercial Sex Acts, Etc., and completed the execution of the sentence at the Seoul Detention Center on June 17, 2017.

【The Defendant, around November 5, 2018, operated a commercial sex acts business establishment with the trade name “D” in Dongdaemun-gu Seoul Metropolitan Government Officetel, the Defendant: (a) posted a commercial sex acts advertisement on the Internet site “E, etc.; (b) received KRW 100,000 or KRW 180,000 for each course from the average 3 through 5 male customers per day that reported the said advertisement; and (c) allowed F, a female sexual traffic, to engage in a similar sexual intercourse that may stimulate the sexual organ of male customers by hand; and (d) had the F, a female sexual traffic, engaged in commercial sex acts in a total of 20 officetels from July 2018 to April 15, 2019, as described in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each protocol of suspect examination of F and G by the police;

1. Each police record and each list of seizure;

1. Investigation report (related to statement, on-site situations at the time of emergency arrest A of the suspect, attaching a copy of case-related documents, and cell phone messages of the suspect A);

1. Each statement of H. I, J, K, and L;

1. A statement of profit from the business in April, a four-month public notice, a profit list, a written guidance for occupancy, a written request for urban gas fee, a notarial deed, a vehicle lease contract, an officetel contract, etc.;

1. Women's photographs, on-site photographs, advertising photographs, and images of the message closures;

1. Investigation report (Report related to the amount of revenue of a sexual traffic business and calculation of additional collection charges);

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (suspect A's previous record and confirmation, and suspect A's repeated offense);

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

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

1. Confiscation Article 48(1)1 and 2 of the Criminal Act;