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(영문) 서울중앙지방법원 2015.04.03 2015고단816
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 3,500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant leased 2119, Gangnam-gu Seoul Metropolitan Government Officetel 2119, and operated a trade name “D”, advertised the said business on the Internet “E” et al. site, and employed F et al. as female employees.

On October 13, 2014, the Defendant: (a) around October 13, 2014, the Defendant engaged in the act of arranging commercial sex acts, etc. by having a female employee F and a female employee receive KRW 100,000 from around August 2, 2014 to October 13, 2014, and allowing a female employee to engage in the act of similar intercourse with a customer’s sexual organ by receiving 100,000 won from the customer; and (b) having the customer enter the said 2119.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Voluntary report;

1. Application of Acts and subordinate statutes concerning field photographs of crackdown;

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

1. Selection of an alternative sentence of imprisonment and the concurrent imposition of a fine (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic);

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

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

1. Probation under Article 62-2 of the Criminal Act;

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

1. The types (one to three years) in the aggravated area (one year and three years), such as the brokerage, etc. of commercial sex acts subject to the age of 19 or older, (one-year brokerage, etc. for commercial sex acts due to the receipt, delivery, etc. of business prices), shall be added to the sentencing guidelines [the scope of recommendations] and the brokerage of commercial sex acts using a medium

2. The defendant's specific reasons for sentencing reflects the wrongness of the defendant and does not repeat the crime, and the defendant does not have the same criminal record, and all of the sentencing conditions specified in the arguments, such as the defendant's age, character and conduct, family environment, size and period of business (one room, one female employee, and two months) and circumstances before and after the crime, are determined as ordered for the same reason.

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