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(영문) 서울중앙지방법원 2016.11.25 2016고단5015

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A Imprisonment with prison labor for a year and for a fine of 15 million won, and Defendant B shall be punished by a fine of 3 million won.

The Defendants are the defendants.

Reasons

Punishment of the crime

Defendant

A is a person who actually operates a sexual traffic business establishment with the trade name of “D” and “E” and Defendant B is a person who serves as a president of the place of business where the business establishment is controlled by the head of the above business establishment, taking the place of unemployment and receiving punishment after being investigated as the business owner on behalf of Defendant A.

At the same time, from September 2015 to July 14, 2016, the Defendants advertised the Internet site “H,” “I,” and “J,” etc. from around September 16, 2015 to around July 14, 2016 (However, from around January 16, 2016 to June 2016, the Defendants: (a) provided the instant officetel 1001, 101, 153, 1502, and 1613 of Seocho-gu Seoul Metropolitan Government Seocho-gu Gtel 604, and 103 of Seoul Seocho-gu Seoul Metropolitan Government Internet site; and (b) provided the said officetel with an instruction, and (c) provided the said officetel with a similar act to female customers, such as L, daily name, M, N, andO, waiting at that place.

Accordingly, the Defendants conspired to commit acts such as arranging sexual traffic for business purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of suspect regarding L by prosecution;

1. Police suspect interrogation protocol of L or K;

1. Each statement;

1. A report on investigation (calculated additional charges);

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

1. The defendants who choose the applicable legal provisions and punishment for the crime: Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act, and Article 24 of the same Act shall be concurrently punished by imprisonment and a fine, and the defendant B shall be punished by a fine, in case of the defendants B;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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

1. Probation and community service Defendant A: Article 62-2 of the Criminal Act;

1. Defendant A: Article 48 (1) 2 of the Criminal Act;

1. Defendant A: The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic; and