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(영문) 서울남부지방법원 2017.06.21 2017고단918
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a commercial sex trafficking business establishment called "C" by leasing Gangseo-gu Seoul Metropolitan Government Btel 817.

On March 31, 2016, the Defendant: (a) received KRW 90,00 from D, a customer who reported the Internet advertisement at around 20:0 on March 21, 2016, a female employee, from D, who was employed at the same time, to have E, a female employee, a female employee who was employed at the same time engaged in an act of similar sexual intercourse by having her hand and scambling the sexual organ of the said D; and (b) had the female employee, from February 2016 to March 31, 2016, who was employed at the same method, engaged in an act of similar sexual intercourse with an unspecified man who was found to be a customer in the said commercial sex business establishment.

Accordingly, the defendant committed commercial sex acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against E or D;

1. Application of Acts and subordinate statutes to photographs without field of control;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., concerning facts constituting an offense, and Article 19 (2) 1 of the same Act (generally, selection of imprisonment with prison labor);

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. Grounds for sentencing after Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection of Sex Acts;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of determination] and brokerage, etc. of sexual traffic crimes, such as brokerage, etc. of sexual traffic, (2) [the territory of recommendation and the scope of the recommended punishment] and the basic area of the recommendation [the scope of the recommended punishment], six months to one year and four months.

3. There is no reason for the suspension of execution [main reason for the suspension of execution] (the reason for general consideration] positive: There is no criminal conviction for the same kind of crime, and there is no criminal conviction for the suspension of execution or any other criminal punishment, clearly

4. Determination of a sentence of sexual traffic is not having a significant amount of social harm, such as impairing the sound sexual culture and good morals by commercializing women's sex, and illegal.

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