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(영문) 서울중앙지방법원 2014.09.19 2014고단5248
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding seven thousand won.

However, the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant leased Seocho-gu Seoul Metropolitan Government Ctel 915 and operated a commercial sex trafficking business establishment called “D”, and employed E, etc. as female employees.

From May 4, 2014 to May 22, 2014, the Defendant: (a) made a telephone reservation at the said business establishment; (b) made a commercial arrangement for 60,000 won and 10,000 won for 90,000 won as the price for commercial sex acts; and (c) made a female employee E receive the said 915 amount as the price for commercial sex acts; and (d) made a female employee E have the sexual intercourse with his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] is that there is no person who has the basic area (6-1-1-4 months) of the types (6-1-6 months) of the crimes subject to age 19 or older, such as brokerage, etc. of sexual traffic, [the brokerage, etc. of sexual traffic due to the receipt and payment of business or remuneration] [the decision of sentence] the defendant committed the same crime with the different number of houses in the same building, despite the fact that the defendant has been punished twice as previous convictions of the same crime and one suspended sentence of imprisonment with labor,

On the other hand, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., such as the fact that the defendant is against the defendant, the period of business is small, without the expiration of the period

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