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(영문) 서울중앙지방법원 2015.12.04 2015고단6403
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 4,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who operates a commercial sex trafficking business establishment in Gangnam-gu Seoul Metropolitan Government Btel No. 702, 718, and 1705.

On June 2, 2015, at around 17:15, the Defendant received 150,00 won from a male who cannot know his/her name at the said sexual traffic business establishment, and arranged to communicate with D, a female sexual traffic, as well as engaging in the act of arranging sexual traffic, etc. from May 15, 2015 to June 2, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Seizure records;

1. Application of Acts and subordinate statutes governing enforcement photographs;

1. The punishment of imprisonment and the concurrent imposition of fines under Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic);

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) of the Criminal Act, Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Calculation of an amount additionally collected under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (28 pages of investigation records);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommendation] 19 years of age or older, and brokerage, etc. of commercial sex acts, etc. (mediation, etc. of commercial sex acts by giving and receiving, etc.) in the basic area (six to one year and four months), and there is no special person [the decision of sentence] [the defendant] has committed an act of arranging commercial sex acts as the owner of the business in this case.

A punishment shall be imposed in consideration of the favorable circumstances in favor of the defendant, such as the fact that the profits earned by the defendant's business are not much high, the operating period is only 15 days, the fact that the defendant has no record of punishment for the same kind of crime, and that the defendant is willing to reflect and not to repeat the crime, taking into account the defendant's age, occupation, character and conduct, and circumstances after the crime, etc.

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