beta
(영문) 서울중앙지방법원 2017.02.24 2016고단8991

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A Imprisonment with prison labor for six months and fines for 10 million won, Defendant B shall be punished by a fine of five million won, and Defendant C shall be punished by a fine of five million won.

Reasons

Punishment of the crime

1. Defendant A, B, and C, along with joint business owners E, leased two floors of the F building in Seoul Special Metropolitan City from June 3, 2016 to June 27, 2016, to publicize the trade name “G”, which is an Internet sex trafficking advertising site, “G”, “H”, and “I” to “J” and make an employee K, D, L, etc. employed in advance by an unspecified number of male customers with a chemical unit from a large number of unspecified male customers who discovered the unit, and Defendant B is the head of the said business place, and Defendant C is the head of the night office of the said business place.

On June 24, 2016, the Defendants received 80,000 won from the male guest M who found the place at the above J-affiliated entertainment business establishment on June 24, 2016 and caused K to teach sexual intercourse once.

Accordingly, Defendants conspired with E to arrange commercial sex acts from June 3, 2016 to June 27, 2016.

2. On June 24, 2016, Defendant D received 130,000 won from the male customer N of his sexual customers and engaged in sexual intercourse once by committing sexual intercourse at the above “J” entertainment business establishment. < Amended by Presidential Decree No. 20357, Jun. 24, 2016>

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to each protocol concerning the examination of suspect of the police to K, M, N, L, or D;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: both Articles 19(2)1 and 24 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc., Article 30 of the Criminal Act, imprisonment, and fines;

B. Defendant B and C: Article 19(2)1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic; Article 30 of the Criminal Act; selection of a fine (the term of participation in the crime as an employee; the confession and reflect of the crime; the fact that the crime was led to the confession and reflect of the crime; and the fact that the person has no record of criminal punishment or is the first offender, etc.)

B. Defendant D: Article 21(1) of the Act on the Punishment of Acts, such as Mediation, etc. of Commercial Sex Acts; and Article 21(1) of the Act on the Selection of Fines (i.e., motives and frequency of crimes, confessions and reflects).

참조조문