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(영문) 서울중앙지방법원 2018.06.21 2018고단2670

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months and by a fine not exceeding three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person shall engage in sexual traffic or arrange sexual traffic, etc. in return for receiving or promising to receive money, valuables or other property benefits from unspecified persons.

Nevertheless, around January 16, 2018, the Defendant operated a “D” business in Jung-gu Seoul, Jung-gu, Seoul, and 1st underground floors, and arranged commercial sex acts by having an unspecified male descendants receive 100,000 won from a large number of male descendants and sexual intercourses with E employed in advance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. An on-site investigation report (Attachment of control photographs);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of recorded files CDs at the time of crackdown on the site);

1. Article 19 (2) 1 and Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense (Concurrent punishment of imprisonment and penalty)

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

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

1. On February 25, 2009, the Defendant was sentenced to a fine of one million won in the Seoul Central District Court for a crime of violation of the Act on the Punishment of Acts, such as Intermediating, etc. of Commercial Sex Acts (e.g., brokerage of commercial sex acts) at the Seoul Central District Court on February 25, 2009; on August 3, 2009, the same court was sentenced to a fine of three million won in the same crime; and on July 3, 2009, the Seoul East District Court was sentenced to the suspension of indictment for a crime of violation of the Act on the Punishment of Acts, such as Arranging, etc. of Commercial Sex Acts (e.g., brokerage of commercial

Recognizing the facts charged in the instant case, the Defendant runs counter to the facts charged.

It seems that there is no big scale of crime and there are no profits from crime due to business.

In full view of the above circumstances and the defendant's age, sexual conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., various sentencing conditions as shown in the argument of this case shall be determined in the same sentence as the order.