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(영문) 서울중앙지방법원 2019.07.04 2019고단1905
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 has worked as the head of the office at a commercial sex dealing business establishment with the trade name “C” located on the second floor of Seocho-gu Seoul Metropolitan Government building B.

From the beginning of November 2018 to March 19, 2019, the Defendant, in collusion with D and E, opened a sexual traffic business establishment on the two underground floors, with six smugglings, one office, one surface room, and other similar sexual intercourses, including F, etc., and employed four sexual traffic women, including F, etc., and reported on Internet site advertisements such as “G”, “H,” and “H,” and received the price of sexual traffic equivalent to KRW 70,90,000,000,000, and KRW 120,000,000,000, from among customers who discovered commercial sex acts, such as inducing sexual intercourses by stimulating their sexual desire by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Each protocol of interrogation of the accused, D, F, I, J, and K police officer's suspect;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to investigative reports (in the form of advertising and writing on a sexual website, the internal photographs of the C business, the suspect's mobile phone nss and letters, the attachment of seized objects and photographs, the attachment of the relevant business, and the analysis of the seized books);

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

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

1. The reason for sentencing in the main sentence of Article 48(1)1 and 2 of the Criminal Act, Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, etc. is that the defendant has been punished three times for the same crime, and the defendant's act of arranging sexual traffic systematically by sharing his/her roles as the head of night office of a sexual traffic establishment D and E as the head of night office of a sexual traffic establishment.

However, the defendant is waiting to commit the crime in lieu of the investigation stage, and the defendant is the head of night office in the sexual traffic business place.

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