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(영문) 서울중앙지방법원 2016.09.23 2016고단4271

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant: (a) placed an employee F (36), G (28 years old), and H (23 years old), etc. on the Internet website, such as the owner of the business in which he/she operated a commercial sex business establishment, D, and E, using the trade name of “C”; and (b) sought the above business establishment around April 18, 2016, around 16:29, the Defendant received 140,000 won from customers I in return for commercial sex acts; and (c) had the said H receive 607,00 won in return for commercial sex acts from January 14, 2016 to April 18, 2016, and provided an unspecified number of male and female customers with commercial sex acts, such as having them enter the I’s sexual organ with his/her hand, and arranging commercial sex acts. < Amended by Act No. 14174, Apr. 16, 2016>

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer concerning F, G, H, and I;

1. A report on investigation (date and time of crime and specified as criminal proceeds);

1. Application of statutes on records of seizure, lists of seizure, and photographs of field control;

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

1. Imprisonment with labor and a fine shall be concurrently imposed pursuant to Article 24 of the Act on the Punishment of Acts, such as arranging of selective sexual traffic;

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. Article 62-2 of the Criminal Act on the observation of protection;

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging sexual traffic;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [the scope of recommendations] The aggravated area (1 to 3 years) (1 to 3 years) is as follows: (a) advertisement or arrangement by using a medium with high radio wave (a decision of punishment] that has no same record as a fine to the defendant; (b) the confession of the crime in this case and the confession of the crime in this case is divided.