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(영문) 의정부지방법원 고양지원 2019.11.22 2019고단2797
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a sexual traffic business establishment under the trade name of “B”.

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

Nevertheless, from May 2019 to September 24, 2019, the Defendant: (a) leased the said heading in Yongsan-gu Seoul Building D and E; (b) advertised contact numbers, etc. to F, a commercial sex advertising site; and (c) provided 130,000 won to the said heading; and (d) provided guidance to the said heading; and (b) provided a sexual intercourse with a female, etc. employed under the condition that he/she pays KRW 50,00 per hour, on condition that he/she would have the female, etc. do sexual intercourse.

Accordingly, the defendant committed commercial sex acts for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. On-site photographs, advertisements, and follow-up equipment;

1. Investigation report (business period and operating profit) - Application of Acts and subordinate statutes on details of transactions;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Imprisonment, comprehensively, with respect to the crimes;

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

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

1. Grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The scope of the recommended punishment according to the sentencing guidelines (the determination of types) shall be limited to the sexual traffic crimes in which the age is not less than 19;

(b) Aggravation factors, such as brokerage, etc. (type 2) of commercial sex acts, brokerage, etc. of commercial sex acts due to business and receipt, etc. of consideration: In the increased area of brokerage [the area of recommendation and the scope of recommendation] using a medium with high frequency of advertisement or propagation, one year to three years of imprisonment;

2. The crimes of arranging sexual traffic shall be punished strictly for crimes that are not severely harmful to society, such as commercialization of sex and undermining sound sexual culture and good morals.

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