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(영문) 서울중앙지방법원 2016.12.23 2016고단7224
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment with prison labor for not less than eight months and a fine not exceeding ten million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who was in charge of management at a commercial sex trafficking business establishment called “C”.

From April 2016 to September 21, 2016, the Defendant, along with D and E, and employees F, advertised the above businesses on the Internet website, such as “H” and “I, with seven rooms in the five floors of Seoul Gangnam-gu Seoul Building, one room in the atmosphere of sexual traffic women, etc., and reported the advertisement, and directed male customers at the room in which male customers are waiting for male customers, and led them to sexual intercourse or similar sexual intercourse with male guests.

Accordingly, the defendant, in collusion with D, E, and F, committed commercial sex acts such as arranging commercial sex acts.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol concerning examination of suspect concerning D by the prosecution;

1. A protocol concerning the examination of each police officer against F, J, K, and L;

1. Seizure records;

1. Application of photographic Acts and subordinate statutes by emitting business closures;

1. Relevant Articles 19 (2) 1 and 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the concurrent punishment of imprisonment and fines;

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

1. The former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic and Article 48 (1) 1 of the Criminal Act;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) even though there was a record of having been sentenced to two years of suspended execution in the period of imprisonment for six months at the Changwon District Court's Jinju branch on May 16, 2014; (b) on the other hand, at the same time during the period of suspended execution, he/she actively participated in the instant act of arranging sexual traffic; (c) on the other hand, he/she was involved in the instant act of arranging sexual traffic; (d) the period of participation in the crime is six months; (e) the entire confession and reflect of the crime; and (e) the Defendant's age, character, and conduct.

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