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(영문) 서울중앙지방법원 2015.07.10 2014고단10052
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A Imprisonment with prison labor for six months and fines for 5,000,000 won, and Defendant B shall be punished by imprisonment for four months.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A operated a trade name “F” in Gangnam-gu Officetel 606 in Seoul, and advertised the Internet “G”, etc. and employed H as female employees.

Defendant

B was in charge of guiding customers as the head of the office at the above business establishment to the business place.

At around 19:30 on September 30, 2014, the Defendants conspired to the effect that, in the vicinity of the instant officetel, the Defendants made a telephone reservation to the effect that “to pay the price directly to a female employee” was 606, and that, by allowing a customer to enter the said 606, the Defendants engaged in commercial sex acts, including arranging sexual intercourse with H with female employees, from August 6, 2014 to September 30, 2014.

Summary of Evidence

1. Defendant A’s legal statement, Defendant B’s partial legal statement

1. A protocol concerning the examination of each police suspect against the defendant B or H;

1. Although Defendant B asserted that there was no contestation with Defendant A regarding the business of arranging sexual traffic between Defendant A and Defendant B, taking account of the witness A’s legal statement, Defendant B’s protocol of interrogation of a police suspect, etc., Defendant B’s conspiracy is sufficiently recognized.

Application of Statutes

1. Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., and Article 30 of the Criminal Act: Imprisonment with prison labor and the concurrent imposition of fines (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic): Defendant B: Selection of imprisonment with prison labor;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention in a workhouse (Defendant A);

1. Article 62 (1) of the Criminal Act, each of the suspended execution (the defendants);

1. Community service order (Defendant A) Article 62-2 of the Criminal Act;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (Defendant A)

1. The judgment on the assertion by the defendant and assistant under Article 334(1) of the Criminal Procedure Act (the defendant A) and the defendant B and assistant D shall be given due to coercion and intimidation by the defendant A.

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