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(영문) 서울중앙지방법원 2015.03.11 2015고단438

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A Imprisonment with prison labor for six months and fines for 7,000,000 won, and Defendant B shall be punished by imprisonment for four months.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A, when operating a commercial sex dealing business establishment in the name of "E" on a lease of 319, 404, 405, and 504, Gangnam-gu Seoul Metropolitan Government (Dtel 319, 404, 405, and 504, the said business establishment was advertised on the Internet "F" and employed as female employees.

Defendant

B was in charge of a job to contact customers with the head of the above business establishment.

At around 17:00 on November 17, 2014, Defendants conspired to act as a business of arranging sexual intercourse with female employees by having them enter the said 404 after receiving KRW 150,000 from the customer H who reported the Internet advertisement, thereby mediating sexual intercourse with female employees G, and arranging sexual intercourse with them. < Amended by Act No. 1283, Oct. 27, 2014; Act No. 12844, Nov. 17, 2014; Act No. 1283, Nov. 17, 2014.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of I, J, G, and H;

1. Records of police seizure and list of seizure;

1. Each photograph;

1. Application of statutes governing Internet advertising outputs;

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. Defendant A who choose a sentence: Imprisonment with prison labor and the concurrent imposition of fines (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic): Defendant B: Imprisonment with prison labor; and

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

1. Article 62 (1) of the Criminal Act (the defendants) of the suspended execution;

1. Probation and community service order (defendants) under Article 62-2 of the Criminal Act;

1. Defendant A: Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic: Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 48 (1) of the Criminal Act;

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

1. Type 2 (Mediation, etc. of Commercial Sex Acts by Means of Business, Receipt of Consideration, etc.) of the sentencing criteria (the scope of recommending punishment) (the scope of recommending punishment) for the commercial sex acts of not less than 19 years old;