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(영문) 서울중앙지방법원 2013.03.27 2013고단278

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A Imprisonment for 6 months and fines for 4,000,000 won, Defendant B shall be punished by a fine for 4,00,000 won, Defendant C shall be punished by a fine for 1,50 won.

Reasons

Punishment of the crime

Defendant

A is the business owner who operates the F Sports Marina in Seoul Special Metropolitan City, and Defendant B is the office manager who manages the above business, and Defendant C is the male employee of the above business.

From September 10, 201 to July 20, 201, from around 02:00 on July 20, 2011, the Defendants conspired to employ female employees as G, H I, J, K, etc. to find the said business place, and provided them with 1.20,00 won for sexual traffic, and guide the said male guests to the place where the said female employees are employed to have sexual intercourse, or to have female employees find out the sexual organ of female guests in his/her hands, thereby arranging sexual traffic.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of each police officer against G, H, I, J, and K;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

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

1. Defendant A: Imposition of a fine and imprisonment concurrently (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic). The remaining Defendants: Selection of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Probation and community service order (defendant A) under Article 62-2 of the Criminal Act;

1. The first sentence of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The sentencing reasons of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the Criminal Procedure Act, the business size and business period of the instant case, and the Defendant A, despite the fact that there was a past record of punishment (7 million won of a fine) since it was controlled as the same kind of crime on June 2011, again commits the instant crime. Defendant B has no same criminal record, and Defendant C is an initial and simple employee, shall be determined by taking into account the following factors:

It is so decided as per Disposition for the above reasons.