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(영문) 서울중앙지방법원 2015.11.13 2015고단5039

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On September 12, 2013, the Defendant was sentenced to one year by the Seoul High Court for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., and completed the execution of the sentence on October 30, 2013.

The Defendant leased D and officetel to operate commercial sex acts establishments and divided profits into half. D is a person who rents 901, Gangnam-gu Seoul Metropolitan Government Etel, advertises commercial sex acts establishments on the Internet website “F,” and employs female employees such as G, and the Defendant operates commercial sex acts establishments under the trade name of “H” while in charge of telephone counseling and reservation, customer guidance, contact with female employees, etc.

The Defendant conspiredd with D on March 1, 2015 to March 18, 2015 with D, reported the advertisement of the above Internet site in the above officetel and provided guidance to the above officetel 901,000 won in cash from male customers who subscribed to the telephone, and had female employees, including G, provide sexual intercourse with male customers.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of G;

1. Photographss and advertising outputs of each business establishment;

1. Application of each judgment, current status of personal identification and confinement, and statutes regarding criminal records;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense, Article 30 of the Criminal Act;

1. Selection of an alternative sentence of imprisonment and the concurrent imposition of a fine (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic);

1. Article 35 of the Criminal Act for repeated crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The total profit of 1 million won (20 thousand won x 50 thousand won) under the latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic ±1/2 = 500,000 won;

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

1. The sentencing criteria [the range of recommendations] the types of sexual traffic crimes subject to 19 years of age or older and the brokerage, etc. of sexual traffic (the brokerage, etc. of sexual traffic by means of business, giving and receiving, etc.).