beta
(영문) 서울남부지방법원 2017.03.28 2016고단4604

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months and by a fine not exceeding three million won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

At around 23:40 on August 17, 2016, the Defendant: (a) received 100,000 won from D, which reported and found commercial sex acts in Guro-gu Seoul Metropolitan Government Btel 2014, and (b) assisted E (the age of 32) to engage in the act of similarity in a way of impairing sexual organ with his/her entrance and hand; and (c) assisted female employees to engage in the act of similarity between July 1, 2016 and October 13, 2016 by using the aforementioned methods in subparagraph 2014 of the Officetel and subparagraph 517 of the above officetel 20-30 by allowing female employees to engage in the act of similarity against male customers.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made in relation to D, E, F, and G;

1. Application of field photography photographs and statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective Commercial Sex Acts, and Article 24 of the Act on the Punishment of Imprisonment and Punishment of Fines (Article 24 of the Act on the Punishment of Acts, such as

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 25 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc. [the basis for the calculation of the amount of additional collection] ① KRW 40,00 won [the defendant's share of KRW 100,000 [the share of KRW 60,000 for Section B C (60%) - the share of KRW 1.30,000 for gender buyers E] ② The defendant's share of KRW 50,000 out of the share of KRW 1.30,000 paid by gender purchasers F [the share of KRW 1.30,00 for Section C (90) - the share of female sex buyers 8,000] ③ The remainder of gender purchasers excluding Section D and F] x the minimum profit of KRW 30,000 for the defendant who is a sex vendee [the share of KRW 40,000 for Section 408,540,000 for sex trade];

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the brokerage, etc. of sexual traffic crimes subject to the age of 19 or more;