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(영문) 서울중앙지방법원 2015.03.20 2014고단9654

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment with prison labor of eight months and fine of eight thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who rents Btel 1402 in Gwanak-gu in Seoul Special Metropolitan City and posts an advertisement in the name of “C” on the Internet website and operates a commercial sex acts business establishment.

At around 03:00 on November 6, 2014, the Defendant: (a) reported the advertisement of the said establishment; (b) had D, who was waiting for the said officetel, receive 130,000 won as the price for commercial sex acts from customers who were not in contact; and (c) had D, who had been waiting for the said officetel, act as a sexual intercourse with their customers. From October 28, 2014 to around the said time, the Defendant: (a) had D, who had found the said establishment, received 130,000 won as the price for commercial sex acts from the customers who had found the said establishment; and (b) had D, etc., engaged in sexual intercourse with their employees

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning suspect interrogation protocol concerning D;

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

1. Selection of alternative punishment of imprisonment and the concurrent punishment of fines (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 of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act [the scope of recommending punishment] the aggravated area (1 to 3 years), such as the brokerage, etc. of commercial sex acts subject to age 19 or older, the second category (1 to 3 years, etc. of commercial sex acts due to the receipt, payment, etc. of business fees) [a person under special circumstances] the advertisement act or mediation (a decision on a sentence] taking advantage of a medium with high radio wave, which re-concepts the business after the Defendant was exposed to crackdown, so there is a high possibility of social criticism: Provided, That there is no past record of the same crime, and it is true that there is no record of the same crime, and that the defendant's age, occupation, character and behavior, family relationship, motive, size and period of the crime, and circumstances before and after the crime, etc., the punishment shall be