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(영문) 서울북부지방법원 2016.04.28 2016고단208

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A Imprisonment for 6 months, Defendant B’s imprisonment for 10 months, Defendant C’s fine of 2,00,000 won, and Defendant D’s fine.

Reasons

Punishment of the crime

Defendant

A from July 1, 2015 to July 7, 201 of the same month, operated an “G” restaurant located in Gangnam-gu Seoul Metropolitan Government F, and Defendant B substantially manages the above establishment as a pre-service, Defendant C takes charge of kitchen and cleaning as an employee, Defendant D takes charge of customer guidance, and Defendant D is equipped with five smuggling rooms in the above establishment as an employee, employing H et al. as a female employee by having a female employee with 170,000 won per time from male customers in the name of the above establishment, who received 170,000 won per sexual intercourse with male customers, and received 80,000 won per time out of the sexual traffic payment received as above, and obtained a benefit of 90,000 won in total by paying female employees for female workers.

As a result, Defendant A and B conspired to arrange sexual traffic for business purposes, and Defendant C and D have prevented them by facilitating the crimes committed by Defendant A and B as above.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Application of Acts and subordinate statutes on site photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc., Defendant A and B: Article 19 of the Act on the Punishment of Acts, Etc., Defendant C and Article 30 of the Criminal Act: Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc., Article 32 (1) of the Criminal Act (elective of fines)

1. Defendant C or D mitigated: Article 32(2) and Article 55(1)6 of the Criminal Act;

1. Defendant C and D detained in a workhouse: Article 70 (1) and Article 69 (2) of the Criminal Act;

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

1. Defendant A: The basic area (6 months to April 1) of Article 25 of the Act on the Punishment of Acts, Including the Mediation, etc. of Commercial Sex Acts (the scope of recommended punishment) of the grounds for sentencing (the grounds for sentencing) (the grounds for sentencing shall be limited to the scope of recommended punishment) and the mediation, etc. of commercial sex acts (the mediation, etc. of commercial sex acts by means of business, receipt of prices, etc.).