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(영문) 서울동부지방법원 2019.04.26 2019고단341

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is employed by the defendant in Gangdong-gu Seoul Metropolitan Government as a woman in sexual traffic, who operates a sexual traffic business establishment, and the defendant is an employee who manages the above business establishment by guiding customers at the above business establishment, receiving the price of sexual traffic from customers, etc.

E around 23:40 on July 5, 2018, received KRW 50,000 and KRW 100,000 from F and G, each of which was found in the above business establishment, and had C and D conduct each sexual intercourse with F and G.

As a result, the defendant conspired with E to arrange commercial sex acts.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol on E, D, G, C, and F;

1. Each report on internal investigation (number 3 through 5);

1. Application of crime scene photographs and video CD-related Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (see, e.g., the collection of 50,000 won, which remains after deducting 100,000 won paid to the women of sexual traffic from the amount of 150,000 won received in return for sexual traffic, and 31,128 of the investigation records);

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. There is no basic area (6 to 1 year and 4 months) (special sponsor) of the types of sexual traffic crimes subject to the age of 19 or older, including brokerage, etc. of sexual traffic (referring to brokerage, etc. of sexual traffic due to business, giving and receiving, etc.).

2. Determination of sentence shall be made in the same manner as the order, comprehensively taking into account various factors of sentencing, including the Defendant’s age, character and conduct, environment, criminal records, the business period and size of the instant sexual traffic business establishment, motive for committing the crime, the degree, means and consequence of the crime, and the circumstances after committing the crime;