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(영문) 서울서부지방법원 2017.03.31 2016고단3423

성매매알선등행위의처벌에관한법률위반(성매매)

Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

around August 2015, the Defendant posted a letter of commercial sex acts to “D”, which is a transpact, at “Cel” located in Eunpyeong-gu Seoul Metropolitan Government around August 2015, the Defendant engaged in commercial sex acts for more than 13 times from that time to July 28, 2016, including engaging in commercial sex acts by putting up a letter of commercial sex acts to the “D”, which is a transpact, and reported it to the “D”, and engaging in commercial sex acts for more than 13 times, as shown in the list of crimes, from that time.

around March 3, 2016, the Defendant received 1.30,000 won for sexual traffic from G, which he/she became aware of through the “F” from the said “Cel”, and engaged in sexual traffic once by receiving 1.3 million won for sexual traffic.

around March 1, 2016, the Defendant received 1.30,000 won for sexual traffic from H, which he/she became aware of through the “F” from the said “Cel”, and engaged in sexual traffic once by taking 1.3 thousand won for sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H by the prosecution;

1. Each protocol for the examination of a police officer in relation to I, J, K, L, M, N,O, E, P, Q, G, and D;

1. Application of Acts and subordinate statutes to police statements of the defendant;

1. Article 21 (1) of the Act on the Punishment of Acts, such as Mediation, etc. of Sexual Traffic, concerning facts constituting an offense, and Article 21 (1) of the same Act;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

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

4. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act in the case of the order of provisional payment.

1. Unfavorable circumstances: A significant number of crimes, etc.;

1. favorable circumstances: Taking into account all kinds of sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., such as the fact that the defendant committed a mistake and that he/she did not have any criminal record, etc.;