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(영문) 서울중앙지방법원 2017.02.15 2016고단6272

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On January 2016, the Defendant: (a) leased the 1st underground floor of the Gangnam-gu Seoul Metropolitan Government D Building, employed female employees E, F, etc.; (b) advertised the business in the name of “G,” “H,” etc., which is an advertising site of the Internet sex trafficking business establishment; and (c) advertised the business in the name of “G,” “H,” etc.; and (d) allowed E, F, etc. to receive money from an unspecified number of male customers who found it.

At around 16:00 on February 11, 2016, the Defendant received KRW 45,00 from the J of male customers, who found the place at the above “I” business establishment, and caused E to face, or prompt, the sexual flag of the J by hand and knife.

Accordingly, the Defendant arranged sexual traffic for business from January 2016 to February 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the examination of each police suspect against E, J, F, K, or L;

1. A written statement of L Preparation;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of control site and reports on internal investigation (Attachment of photographs of control site);

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

1. Selection of a sentence of imprisonment with prison labor and the concurrent imposition of fines (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic);

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

1. Article 48(1)1 of the Criminal Act for forfeiture, and Article 25 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment was that the Defendant was sentenced to a suspended sentence of imprisonment due to a violation of the National Sports Promotion Act, etc., and was committed without being aware of the fact that the Defendant committed the instant crime during the suspended sentence period. Moreover, even if he was investigated on one occasion during the period of the instant crime, he/she could immediately resume the instant business and control again, even if he/she was investigated on one occasion during the instant crime period.

Since the responsibility is very weak, the sentence of punishment is imposed, but the defendant seems to have a positive attitude to see and reflect the crime.