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(영문) 서울중앙지방법원 2018.05.01 2016고단5019

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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A defendant shall be punished by imprisonment with prison labor for not more than six months and a fine not exceeding four million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who has worked for the head of a sexual traffic business place in the trade name called "C" operated by one person B.

From April 16, 2016 to June 1, 2016, the Defendant, along with the name B and office D, advertised sexual traffic business establishments with the trade name of “C” on the Internet sites, such as “F” and “G”, in Seocho-gu Seoul Metropolitan Etel 807, 916, and 1011, from around April 16, 2016, and provided guidance to female customers, such as H and one-day sexual traffic, who were waiting in the atmosphere, with the advertising report and contact with “C,” and provided guidance to the said officetel.

Accordingly, the defendant, in collusion with one person B and D, committed acts such as arranging sexual traffic for business.

Summary of Evidence

1. A protocol concerning each of the police suspects against the accused, J, or D;

1. Each report on investigation;

1. Application of Acts and subordinate statutes governing field photographs of a business establishment engaging in sexual traffic in Ctels, closure photographs of C Internet advertising, short-term use contracts, and field control photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 30 of the Criminal Act;

1. He/she shall be sentenced to imprisonment with labor and a fine concurrently (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The additional collection charge of KRW 50,000 after Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Sexual Traffic (two right and forty-seven right of investigation records, statement of the accused);

1. On July 16, 2015, the Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was sentenced to a suspended sentence of imprisonment for larceny, etc. at the Seoul Central District Court on August 16, 2015, and the judgment became final and conclusive on July 24, 2015.

The Defendant went to commit the instant crime during the period of probation, and continued to participate in the instant crime even after the control on April 25, 2016.

In addition, all the arguments of this case, such as the defendant's age, sex, environment, motive and result of the crime, circumstances after the crime, etc.