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(영문) 서울중앙지방법원 2017.03.15 2016노4583
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

The judgment of the court below is reversed.

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

The above fine shall be imposed on the defendant.

Reasons

1. The main sentence of the appeal is too heavy.

2. An ex officio decision prosecutor applied for permission to amend a bill of indictment by adding a part of the facts charged against the defendant to the following facts charged, and this court's permission to do so, and the above added part should be sentenced to a single punishment in relation to a single comprehensive crime with the facts charged as stated in the judgment of the court below, so the judgment of the court below cannot be maintained any more.

3. The judgment of the court below is reversed without examining the above ex officio grounds for reversal, and the judgment below is reversed, and it is again decided as follows through pleading.

[Judgment] The defendant is a person who has operated a commercial sex acts business establishment with the trade name "C", while the defendant is a person who has been engaged in work, such as providing male customers with a pre-contract telephone at the above business establishment, guiding male customers, guiding sexual traffic women to a room where sexual traffic customers are waiting, cleaning, etc.

1. From June 14, 2016 to June 17, 2016, the Defendant and B, together, advertised the above businesses at the Internet sites, such as 5 room rooms, 2 waiting rooms, and F, in the 1st floor above the 1st floor underground of the building located in Seocho-gu Seoul Metropolitan Government, Seocho-gu, by advertising the above businesses on the Internet sites, including “E”, “F, etc., and reported the advertisement and provided guidance to male customers, including G, who received KRW 40,00 to 60,00 from male customers and provided guidance to male customers, and then, sexual intercourses, such as H, in a room in which male customers are waiting, are engaged in sexual intercourses similar to male customers.

As a result, the defendant and B conspired with each other to arrange commercial sex acts.

2. From June 30, 2016 to August 8, 2016, the Defendant: (a) received delivery of KRW 40,00 to KRW 60,00 from male customers, such as J and K, and provided guidance to male customers; and (b) had male customers, such as G and L, engage in sexual traffic.

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