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(영문) 서울중앙지방법원 2017.03.24 2016고단8728

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A Imprisonment with labor of 10 months and fines of 15 million won, Defendant B shall be punished by a fine of 1.5 million won, Defendant C shall be punished by a fine of 5 million won.

Reasons

Punishment of the crime

1. The Defendant, as the owner of a sexual traffic business establishment under the 1st floor of the building located in Seoul Special Metropolitan City, Nowon-gu, from August 18, 2016 to September 8, 2016, advertised the above business establishment on the Internet website, such as F,G, etc. at the above business establishment from around August 18, 2016 to around September 8, 2016, and received 40,000 or 60,000 won as the price for sexual traffic from the south of sex purchase, and had female employees, such as B and C, receive 40,000 or 60,000 won as the price for sexual traffic, and made them engage in sexual traffic.

2. Defendant B, on September 8, 2016, at around 20:0, the Defendant engaged in sexual traffic by taking 40,000 won and receiving 40,000 won as the price for sexual traffic at “E” sexually purchased establishments from H, a sexual buyer, and committing a similar act that stimulates the sexual organ of the H, and stimulates the sexual organ of the said H to engage in sexual traffic.

3. On September 7, 2016, Defendant C engaged in sexual traffic by receiving KRW 40,00 won from his/her name in return for sexual traffic from the south of his/her sexual purchase to the price for sexual traffic at a sexual traffic business establishment as stated in paragraph (1) around September 7, 2016, and stimulateing the sexual organ of the south of his/her sexual purchase with his/her hand and with his/her face,

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Each statement;

1. A protocol of seizure and a list of seizure;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on daily business;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Imprisonment with prison labor and a fine pursuant to Article 19(2)1 and Article 24 of the Act on the Punishment of Acts, Including Arranging Sexual Traffic, shall be imposed concurrently.

B. Defendant B and C: Article 21(1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. and selection of fines

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

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

1. Defendant A who observe the protection: Article 62-2 of the Criminal Act;

1. Defendant A: Article 48(1)1 of the Criminal Act and Article 25 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic.