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(영문) 서울중앙지방법원 2015.03.20 2015고단564

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A Imprisonment of 10 months and fines of 7,000,000 won, and Defendant B shall be punished by imprisonment of 8 months and fine of 3,00,000 won.

Reasons

Punishment of the crime

Defendant

A, the Seoul Gangnam-gu Officetel 805, 831, 1003, 1017, 1115, 1229, and 1130 leased and operated a commercial sex trafficking business establishment with the trade name “D”, and the Internet “E” et al. advertised the said business establishment and employed F et al. as female employees.

Defendant

B is an employee who has been in charge of the work of guiding customers in the above business place.

At around 22:00 on August 5, 2014, the Defendants conspired to engage in the act of arranging commercial sex acts, etc. with F, including arranging sexual sex acts with F by having customers receive KRW 160,000 from the said officetel and enter the said 831.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police suspect against F and G;

1. Application of each statute on photographs;

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

1. Selection of punishment (the defendants) and the imposition of fines concurrently (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic);

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

1. Article 62 (1) of the Criminal Act, each of the suspended execution (the defendants);

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act, each of the orders to make provisional payments (the defendants);

1. The types of crimes subject to 19 years of age or older, mediation of commercial sex acts, etc. (referring to mediation, etc. of commercial sex acts by giving and receiving, etc.), the area of aggravation (1 to 3 years) (1 to 3 years in special circumstances), advertisement activities or mediation by using high radio media;

2. The Defendants were engaged in the business of arranging sexual traffic using the Internet media. After the Defendants’ control, in particular, Defendant B continued to commit the instant crime while being tried for the same offense, and there was no record of punishment.