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(영문) 서울서부지방법원 2017.11.10 2016고단3899
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. The Defendants shall be punished by imprisonment with prison labor for ten months.

2. However, each of the two years from the date this judgment became final and conclusive is against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who has operated sexual traffic establishments under the trade name of "D" on the first floor of Mapo-gu Seoul Metropolitan Government, and Defendant B is the head of the day office of the above establishments.

Defendant

A, from the end of April 2016 to June 13, 2016, from the end of the same business place, around 10 to the end of 13, 2016, had 10 independent rooms, and had employees to take full charge of Internet advertising, management of employees and customers, receipt of payments, cleaning of business places, etc., employed Defendant B, and Defendant B employed female workers who are in a sexual relationship with male customers, and Defendant B had posted an advertisement on the Internet site and reported it so that they could receive commercial sex acts from male customers and have sexual intercourse with female employees.

Therefore, the Defendants conspired to arrange sexual traffic for business purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of suspect examination of the police against E or F;

1. Investigation report (related to the submission of a contract for lease of a suspect A);

1. Investigation report (report on computing profits from sexual traffic committed by suspects A);

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc., and Article 30 of the Criminal Act (comprehensively, choice of imprisonment with labor) concerning criminal facts;

2. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (The following sentencing shall be considered in light of the favorable circumstances, etc. in consideration of the sentencing).

3. Defendants of a community service order: Article 62-2(1) of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc.

4. The Defendants: Article 48(1)1 (No. 3) of the Criminal Act and Article 25 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts (No. 1 and No. 2).

5. Defendant A: Article 25 of the Act on the Punishment of Acts, such as Arranging sexual traffic.

6. Defendant A of the provisional payment order: All the sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendants’ age, sexual conduct, environment, means of crime (such as operating on the Internet advertisement) and circumstances after committing the crime, etc., on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act.

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