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(영문) 서울중앙지방법원 2015.01.30 2014고단9484
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A shall be punished by imprisonment for four months and by fine for 5,00,000 won, and Defendant B shall be punished by fine for 1,000,000 won, respectively.

The Defendants are the defendants.

Reasons

Punishment of the crime

Defendant

A advertised the 2nd floor of Gangnam-gu Seoul, the operator of the F carpet, the Internet “G,” etc., and employed Defendant B, etc. as female employees.

1. On September 23, 2014, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) by Defendant A, the said Defendant engaged in the act of arranging commercial sex acts, etc. for the same business as from September 12, 2014 to September 23, 2014, by providing guidance to a room inside the said business place after receiving KRW 35,000 from male customers H, leading female employees B to his/her entry and loss, and leading them to a h’s sexual organ.

2. Defendant B’s violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (sexual traffic) committed commercial sex acts against male customers at the above F F business establishment and received KRW 20,000 per customer based on his absolute opinion.

On September 23, 2014, the Defendant, around 23:30 on September 23, 2014, engaged in sexual traffic by putting the sexual organ of customer H in his/her hands and in his/her arms.

Summary of Evidence

1. Defendants’ respective legal statements

1. A suspect interrogation protocol of H by the prosecution;

1. A protocol of suspect examination of the police officer regarding I;

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, Article 21(1) of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Defendant A: Imprisonment with prison labor and the concurrent imposition of fines (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic): Defendant B: Selection of fines;

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

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

1. Probation (Defendant A) Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (the defendants)

1. The basic area (from June to April) of the sentencing criteria (the scope of recommendations) is the type 2 (the brokerage, etc. of sexual traffic due to the business, the giving and receiving of prices, etc.).

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