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(영문) 서울중앙지방법원 2015.02.11 2014고단10068

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding seven thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant leased 919 and 404 Seoul Gangnam-gu Officetel 919 and 404, and then placed “C” on the Internet website, and operated a commercial sex dealing business establishment.

From January 3, 2014 to October 20, 2014, the Defendant: (a) instructed female employees, such as D, who were waiting at the said place of business, to guide them as officetels; (b) received 60,000 won as the price for sexual traffic; and (c) made them receive 120,000 won as the price for sexual traffic; and (d) made them commit similar sexual intercourse that may cause situations to stimulate customers to have their sexual organ injured and injured; and (e) made efforts to arrange sexual traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Records of police seizure and list of seizure;

1. Photographss, Internet advertising photographs, and letters on the control site;

1. Application of the statutes governing the lease contract for short-term facilities;

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The punishment shall be determined by taking into account all the sentencing factors indicated in the records, such as the defendant's age, occupation, character and conduct, health conditions, family relationship, size of business and operating period (two rooms, average three female employees, ten months business), means and results of the crime, and the circumstances before and after the crime, etc., as well as the fact that the defendant who has no criminal record of the same kind of punishment in Article 334 (1) of the Criminal Procedure Act reflects the defendant's intention to seriously mislead and not repeat the crime;