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(영문) 서울중앙지방법원 2015.02.04 2014고단9482
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 50,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A had four marina rooms in Gangnam-gu Seoul, Seoul, and operated a mutual business establishment called "D", and employed Defendant B, etc. as female employees.

1. Defendant A, at around 01:00 on October 24, 2014, performed commercial sex acts, such as arranging commercial sex acts, from October 10, 2014 to October 24, 2014, for the following reasons: (a) he/she received KRW 140,00 from a male son and provided guidance to 205 inside the said business establishment; and (b) let female employees B lose his/her sexual organ with his/her hand; and (c) let the said female son lose his/her sexual organ.

2. Defendant B committed a similar act against a male grandchild on his name at the above business establishment, and ordered to receive KRW 50,000 per customer.

On October 24, 2014, the Defendant, around 01:00, committed an act of similarity against a male guest with his name in the above business establishment from October 20 to the above temporary date, such as provoking the sexual organ of a male grandchild from 205 inside the above business establishment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the photographic Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. and choice of imprisonment

B. Defendant B: Article 21(1) of the Act on the Punishment of Acts of Arranging Sexual Traffic; Selection of a fine

1. Article 70(1) of the Criminal Act, Article 69(2) of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order (Defendant A);

1. Defendant A [Scope of Recommendation] The basic area (6 to 1 year and 4 months) of the type 2 (mediation, etc. of commercial sex acts by giving and receiving, etc.) (including mediation, etc. of commercial sex acts by taking and receiving, etc.) of sexual sex offenses subject to age 19 or older is contrary to the judgment of sentence], and there is no criminal record of the same kind, and the size and business period of the business establishment of this case, the age, character and conduct, environment, motive of the crime, etc. shall be comprehensively taken into account.

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