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(영문) 서울북부지방법원 2015.11.30 2015고단3637

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From August 23, 2015 to December 26, 2015, the Defendant operated the shop shop of “C” in the Gangnam-gu Seoul Metropolitan Government (Seoul) B and the second floor, and employed D as female employees with three smugglings in which the said shop was installed, and received KRW 100,000 per time from male customers in his name and had the said D to have sexual intercourse with the said male customers, and obtained a benefit of KRW 50,000 per time from the said sexual traffic payment.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of police suspect regarding D;

1. Written statements of DNA preparation;

1. Application of Acts and subordinate statutes to a written confirmation of investigation;

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 ( positive factors among the reasons for sentencing following the suspended sentence);

1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (150,000 won = three x 50,000 won per son);

1. Criteria for sentencing of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order / [the scope of recommending punishment / [the act of arranging sexual traffic by way of business or giving and receiving, etc.] types 2 (the act of arranging sexual traffic) (the act of arranging sexual traffic by business or giving and receiving, etc.) of the crimes subject to 19 years of age or older / [the scope of recommending punishment] basic area (six months to one year and four months) and the major elements of sentencing, considering the defendant's age, character, character, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the punishment is divided into crimes, short-term business (4 days on business day), actual profit (150,00 won on business day), and the same kind of records [the act of arranging sexual traffic] [the act of causing sexual traffic in 209 a fine of one million won or more (direct sexual traffic)];