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(영문) 서울중앙지방법원 2016.04.01 2015고단7745
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not more than ten 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 is a person who operates a sexual traffic business establishment under the trade name of “E” on the Seoul Special Metropolitan City D2 level.

On April 19, 2015, the Defendant received KRW 130,00 from F, a customer, and assisted a non-born female employed by the Defendant to engage in the said F and sexual intercourse. On July 15, 2015, the Defendant: (a) received KRW 10-110,00 from G, H, etc., the customer at the foregoing business establishment; and (b) assisted the female employed by the Defendant to have sexual intercourse with the said G, H, etc.; and (c) arranged the sexual intercourse between April 19, 2015 and July 15, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. A protocol concerning the examination of the police officer in G;

1. Each statement of G and H;

1. Police seizure records;

1. Reporting on detection (violation of the Act on the Punishment of Acts, such as Mediation of Commercial Sex Acts), a criminal investigation report (folating contact numbers with mobile phones), and a criminal investigation report (folating on-site photographing videos);

1. Application of Acts and subordinate statutes to photographs by cutting off on-site photographs, photographs at the control site pictures, the details of settlement of purchase funds, photographs of a cell phone screen and capturing screen pictures;

1. Relevant legal provisions concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic, and Article 24 of the Act on the Punishment of Acts, Including Arranging Sexual Traffic. (Concurrent Imposition of Imprisonment and Fines)

1. Article 70(1) and Article 69(2) of the Criminal Act with respect to a fine on confinement in a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

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

1. Additional collection (130,000 won 1.10,000 won - (20,000 won x 28 thousand) = 28 thousand won) = the latter part of Article 25 of the Act on the Punishment of Acts, such as Mediation of Commercial Sex Acts;

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

1. The sentencing guidelines [the scope of the recommended punishment] 2 types of sexual traffic crimes subject to 19 years of age or older (the brokerage, etc. of sexual traffic by business, giving and receiving prices, etc.) are the basic area (6 months to 1 year and 4 months) (the person subject to special sentencing).

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