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(영문) 서울중앙지방법원 2015.12.04 2015고단6802

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 3,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant leased the Seocho-gu Seoul Metropolitan Government D Building No. 702 and 1309, Seocho-gu Seoul Metropolitan Government Etel No. 301, 314, and 325 to receive monthly pay from G operating an officetel in the trade name of “F”. The Defendant is an employee who received the price of commercial sex acts from the male grandchildren who found the Internet advertisement at the above establishment and received the price of commercial sex acts and guide them to the above officetel where female employees are waiting.

At around 22:20 on June 23, 2015, the Defendant, along with G, engaged in the act of arranging sexual intercourse, etc. by having a female employee H (i.e., I, female, and 22 years of age) who was waiting at the same place and sexual intercourse for 60 minutes from the name of the male guest, who was not in the name of the male guest, reported and promised to advertise the Internet site under Article 702 of the above D Building 702.

The Defendant, in collusion with G, committed an act of arranging sexual traffic, etc. for business purposes from January 1, 2015 to July 14, 2015, thereby making approximately KRW 327 million operating income.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of examination of prosecution by the prosecution against G, J and H;

1. Each protocol of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes governing pictures and Internet advertisements;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act for forfeiture;

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

1. The aggravated area (one to three years) (one year and three years in special), such as the area of increase (one year and three years in special), shall be used as a medium which has high advertising character or propagation of the types of sexual traffic crimes subject to 19 years of age or older, such as brokerage, etc. of sexual traffic;