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(영문) 서울서부지방법원 2020.11.18 2019고단2874
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On May 1, 2018, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Suwon District Court Ansan branch on May 1, 2018, and completed the execution of the sentence on October 22, 2018.

The Defendant operates a marina business with the trade name “C” in Eunpyeong-gu Seoul Metropolitan Government, and from January 17, 2019 to February 18, 2019, the Defendant waiting for employees, such as D, who are female women in Thailand, and received the price from male customers recruited through the Internet site “E” on the Internet site, and let the said employees do the act of similarity by providing the so-called “Handbling service,” which would cause the said employees to mathize the body of the customer by hand, and make the said employees to do so by doing so. The Defendant added an act of similarity by providing the so-called “Handbling service,” which would enable the said employees to do so by going through the Internet site.

The act of arranging sexual traffic, etc. was made for business purposes by allowing customers to engage in sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol concerning F and G;

1. Statement made to D by the police;

1. Investigation report (verification of details of text stored in suspect mobile phones and request for provision of communications data);

1. Documentary and photographic materials, and real estate monthly contract;

1. Each existing evidence under subparagraphs 2 and 3 that has been seized;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment of repeated crimes and judgment of suspension of execution), and Acts and subordinate statutes on the personal accommodation status;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense (generality, and both imprisonment and a fine under Article 24 of the same Act shall be concurrently imposed);

1. Article 35 of the Criminal Act among repeated crimes;

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

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

1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

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

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines (the determination of types) shall be limited to the sexual traffic crimes of 19 years of age or older.

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