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(영문) 서울남부지방법원 2017.09.27 2017고단2932
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for one year.

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

No person shall arrange, etc. sexual traffic for business purposes.

Nevertheless, from October 16, 2013 to April 28, 2017, the Defendant operated a commercial sex dealing business establishment, “C,” located on the 1st underground floor of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, with a hand, from Do (E), F (hereinafter “G”), etc., a female employee of sexual traffic, who had employed in advance, attempted to arrange the similarity behavior that harms the situation of male customers by exposing the sexual organ of male customers on several occasions.

On April 28, 2017, which was the day immediately before the control date, the Defendant: (a) directed D women engaged in the sexual traffic at issue on April 28, 2017, which was 22:00 as of April 27, 2017, on two occasions, the enforcement date; (b) received KRW 90,00 from each man as the price for the similarity act; and (c) guide F women engaged in sexual traffic at around 04:00 on April 28, 2017, which was found in the above business place, to arrange each similarity act such as receiving KRW 90,000 from men to April 28, 2017, while guiding F who is another sexual traffic, as the price for the similarity act, and arranging the similarity act, such as arranging sexual traffic, from April 15, 2015 to April 28, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against D or F;

1. Application of Acts and subordinate statutes to a report on investigation (in-depth photographs, etc.);

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. 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 scope of the recommended punishment] and the basic area of the recommendation [the scope of the recommendation and the scope of the recommended punishment] that there is no (2) (the area of recommendation and the scope of the recommended punishment], such as brokerage, etc. of sexual traffic in the course of business and in exchange for consideration

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