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(영문) 서울중앙지방법원 2015.01.23 2014고단9107
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 8,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, in the Seocho-gu Seoul Metropolitan Government D Building underground, operated a commercial sex acts business establishment with the trade name of "E", was equipped with five rooms, shower rooms, two toilets, one toilet room, and one waiting room for A.C. at the above business establishment, and advertised the above business establishment by manufacturing the leaflet "E 89,000 won F" and distributing it to the Gangnam-gu Seoul Metropolitan Government, and employed G, etc. as female employees.

On July 16, 2014, the Defendant: (a) received KRW 100,00 from H, who had been a guest, and provided guidance to the said establishment; and (b) provided sexual intercourse with female employees G by allowing them to do so; and (c) provided the same business by the same method from April 1, 2014 to July 16, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

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

1. Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.;

1. Article 70 (1) of the Criminal Act, Article 69 (2) of the Criminal Act;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 25 (No. 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (No. 1, 2 of the Seoul Central District Prosecutors' Office, No. 2014 or 3165 of the Seoul Central Prosecutors' Office, No. 1, No. 2 of the Seoul Central Prosecutors' Office, and No. 48 (1) 1 of the Criminal Act (No. 3 through 15 of the evidence seized by Seoul Central Prosecutors' Office 2014 or 2746);

1. The grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic [Scope of Recommendation] 19 years of age or older and mediation, etc. of commercial sex acts (mediation, etc. of commercial sex acts by giving and receiving fees, etc.) in the basic area (six months to one year and four months) [no person who has been specially punished] [decision of sentence], the defendant continued to engage in business even after he/she has been controlled. Meanwhile, the defendant's business has been controlled.

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