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(영문) 서울중앙지방법원 2017.03.29 2016고단9204
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A shall be punished by imprisonment for six months and by a fine for 5,00,000 won, and imprisonment for six months and a fine for 3,00,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who has operated a sexual traffic business establishment in the trade name of “H”, and Defendant B is a person who has worked in the said sexual traffic business establishment as the head of office.

From July 4, 2016 to July 21, 2016, Defendants: (a) leased 1studio in the underground floor of the building located in Seocho-gu Seoul, Seocho-gu; (b) advertised the said trade name on the Internet website, including “J”, “K”, etc.; (c) reported the said advertisement; and (d) directed male customers, such as M, N,O, and P, of sexual traffic, of sexual intercourse similar to that of male customers.

As a result, Defendants conspired to act as commercial sex acts such as brokerage.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on the examination of each police suspect against Q, N,O, L, or M;

1. Statement made by the police on P;

1. A protocol of seizure and a list of seizure;

1. Application of statutes governing field control photographs;

1. Article 19(2)1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic concerning facts constituting an offense, Article 30 of the Criminal Act

1. Selection of punishment (the Defendants) and the concurrent imposition of fines (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 to attract the workhouse (the Defendants)

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

1. (Defendant A) Article 48(1)1 of the Criminal Act, Article 25 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc.

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following specific circumstances: (a) the period, method, and form of the instant crime; (b) the Defendant’s age, sexual conduct, family environment, and circumstances before and after the instant crime; and (c) the sentencing conditions indicated in the arguments, including the period, method, and form of the instant crime; and (d) the sentence as ordered.

All of the crimes are recognized, and other occupations are found.

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