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(영문) 서울중앙지방법원 2015.01.30 2014고단9487
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 5,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant operated a trade-related business establishment with the trade name “D” in Gangnam-gu Seoul Metropolitan Government Officetel 415, 814, and 922, and advertised the above business establishment on the Internet “E,” etc. and employed F, etc. as female employees.

Around 17:00 on October 24, 2014, the Defendant: (a) directed a male guest with the name of the passenger who was scheduled to make a telephone call under the above 814; and (b) mediates sexual traffic with female employees F, etc.; (c) received KRW 75,000 from the same customer by the same method from October 24, 2014 to October 24, 2014; and (d) made female employees F to have the customer feel sexual intercourse with his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Records of police seizure and list of seizure;

1. Application of the statutes on Internet advertising printed materials, photographs, and lease contract;

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 under Article 62-2 of the Criminal Act;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, and Article 48 (1) 1 of the Criminal Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Type 2 (Mediation, etc. of Commercial Sex Acts due to Business Consideration, Receipt, etc.) (one year to three years) in the area of aggravation (one year to three years), such as advertisement activities or mediation by using high radio media, in the area of increase (one year to three years), such as brokerage, etc. of commercial sex acts subject to the age of 19 or older;

2. The Defendant, who has committed the instant sexual traffic brokerage by using three officetels rooms with specific grounds for sentencing, is the primary offender, and the Defendant does not repeat the crime. The Defendant’s age, character and conduct, family environment, motive and circumstance of the crime, and the means and consequence of the crime.

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