2015 Highest 7669 Violation of the Punishment of Acts of Arranging Sexual Traffic Act (Notification of Commercial Sex Acts)

Ships, etc.)

1. A or unemployed;

Residence

Reference domicile

2. B or non-permanent;

Residence

Reference domicile

3. C or telecom employees;

Residence

Reference domicile

OO (prosecutions) and ○○○ (Public trial)

February 3, 2016

Defendant A shall be punished by imprisonment with prison labor for six months and fine for 7,00,000,000 won, and Defendant B and C for four months. If Defendant A fails to pay the above fine, the above Defendant shall be confined in a workhouse for a period calculated by converting 100,000 won into one day.

The execution of the above punishment against Defendant B and C shall be suspended for two years from the date this judgment becomes final and conclusive.

Defendant B and C shall be subject to probation for each one year, and shall be collected from Defendant A who ordered a community service for 120 hours.

Defendant A shall be ordered to pay the amount equivalent to the above fine.

Facts of crime

Defendant A is a person operating ‘G' in Gangnam-gu Seoul Metropolitan Government Dtel, the same Gu Etel, and the same Gu Ftel, and Defendant B is a day-time head of the said business, and Defendant C is a night head of the said business.

From March 15, 2015 to December 7, 2015, Defendant A leased Nos. 918, 1019, 1129, and 1329 of the foregoing No. 536, 919, 1220, 1339, and 1731 of the instant No. 24, Defendant C et al. as Defendant B, night office office office at night, employed Defendant C et al. as a female commercial sex, followed Defendant C et al. as Defendant C et al., “JJ”, “K”, “M”, and “N”, and posted an advertisement to “G commercial sex acts”, and provided guidance to female customers or commercial sex acts by reporting it to the telephone, and provided Defendant C et al., Defendant C et al., waiting for the said female customer’s commercial sex acts as Defendant C et al.

As a result, Defendants conspired with each other, from March 15, 2015 to December 7, 2015, Defendant A arranged commercial sex acts for the business from March 15, 2015 to March 18, 2015, to July 30, 2015, Defendant C arranged commercial sex acts from May 16, 2015 to December 7, 2015.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each interrogation protocol of the prosecution against H and I;

1. Each statement of H and I;

1. Evidentiary photographs;

1. Investigation report (any confirmation report among the businesses of the instant establishment), investigation report (any protocol attached to the establishment posted at the temporary closure facility);

Application of Statutes

1. Relevant Act on Criminal Facts (the Defendants)

Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act

1. Selection of punishment;

Defendant A: Imprisonment with prison labor and fines concurrently (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic)

○ Defendant B and C: Selection of imprisonment

1. Detention in a workhouse (Defendant A);

Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution (Defendant B and C);

Article 62(1) of the Criminal Act

1. Probation and community service order (Defendant B and C);

Article 62-2 of the Criminal Act

1. Additional collection (Defendant A);

Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic

○ Business from March 17, 2015 to December 7, 2015, and business for 268 days.

- Revenue obtained through the arrangement of commercial sex acts: 40,000 won

-average frequency of arranging sexual traffic: 10 times a day;

-Total import = 107,200,000 won ( = 268 days x 10 times x 40,000 won) during the brokerage period for commercial sex acts

- Amount subject to a collection: 107,200,000 won

○ Grounds for Collection: suspect interrogation protocol of Defendant A (Investigation record 345 - 346 pages)

1. Provisional payment order (Defendant A);

Article 334(1) of the Criminal Procedure Act

1. Standard for sentencing (the Defendants)

[Scope of Recommendation] Type 2 of the Act on the Mediation, etc. of Commercial Sex Acts, Etc. (Mediation, etc. of Commercial Sex Acts, etc. due to Business, Receipt of Price, etc.) for the aggravated area (one year to three years)

[Special Aggravationd Persons] Advertising or good offices using high radio wave media

2. The specific reason for sentencing ○ Defendant A is the head of the instant establishment, and Defendant B and C serve as the head of each office.

○ The scale of this case’s brokerage business (a maximum of five rooms) and the operating period shall be reasonable.

On June 30, 2015, Defendant A continues to engage in the business of arranging sexual traffic by hiding his involvement in the crime even after the control of an investigative agency.

○ The Defendants repent and reflect their mistakes.

○ Both the Defendants have initial charge

○ Other punishment shall be imposed in consideration of the Defendants’ respective ages, occupations, character and conduct, degree of participation in the commission of the crime, size and duration of the business, profits from the crime, circumstances after the crime, etc., and all the sentencing conditions expressed in the course of pleading.

It is so decided as per Disposition for the same reasons above.

Judges Park Jin-chul