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(영문) 서울동부지방법원 2015.04.10 2014고단3937

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A Imprisonment with prison labor for eight months and fines for 5,000,000 won, and Defendant B shall be punished by imprisonment for six months.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the owner of "F" in Gangdong-gu Seoul E-1st floor, and Defendant B is the head of the business office who has managed the overall business.

1. From December 3, 2013 to October 22, 2014, Defendant A conspired with Defendant B during the period from August 20, 2014 to October 22, 2014, Defendant A received 100,000 won from male customers who were not registered in his/her name and had female employees G and H conduct sexual intercourse.

2. From August 20, 2014 to October 22, 2014, Defendant B conspiredd with Defendant A to receive KRW 100,000 from male customers on his/her name in the above F, and had female employees G and H conduct sexual intercourse.

Accordingly, the Defendants engaged in the act of arranging sexual traffic for business purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police officer with respect to G or H;

1. Business registration certificate;

1. Application of the statutes governing seizure records, list of seizure, voluntary submission, waiver of ownership, and evidence of seizure;

1. Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic; Article 30 of the Criminal Act

1. Selection of punishment - Defendant A: Imprisonment with prison labor, the concurrent imposition of fines (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the imposition of fines in consideration of the business period, card sales, etc.) - Defendant B: Selection of imprisonment with prison labor;

1. Detention in a workhouse - Defendant A: Articles 70(1) and 69(2) of the Criminal Act;

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

1. Confiscation - Defendant B: Article 48(1) of the Criminal Act, Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.

1. Provisional payment order - Defendant A: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The basic area (six months to one year and four months) of the types of recommendation and sentence according to the sentencing guidelines (the scope of recommendation) (the brokerage, etc. for commercial sex acts due to the business, the giving and receiving of prices, etc.) and the types of commercial sex acts subject to age 19 or older;

2. Determination of sentence;

A. Defendant A is an initial offender.