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(영문) 서울남부지방법원 2017.06.16 2017고단1673
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant operated commercial sex acts establishments in Yeongdeungpo-gu Seoul Metropolitan Government Btel 1313.

The defendant from February 26, 2017 to the same year.

3. From 17:00 until 29:20, the instant officetel 1313: (a) had customers who reported and contacted online commercial sex acts-related advertisements receive cash of 100,000 won from customers C, and pre-employed sexual traffic women D, engaged in similar acts, such as making them enter the sexual organ of the said customers as soon as possible and booming by hand, and arranging sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. Lease contract;

1. Application of each statute on photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense, and Article 19 (2) 1 of the same Act and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for the calculation of the amount additionally collected pursuant to Article 25 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts: 100,000 won per day x number of business days (from February 26, 2017 to March 28, 2017) = 310,00 won;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (from June to January and April) of the types of sexual traffic crimes subject to the age of 19 or older and the mediation, etc. of sexual traffic (the mediation, etc. of sexual traffic by business, giving and receiving prices, etc.) (no person subject to special sentencing];

2. In light of the fact that an act of arranging sexual traffic with a certain amount of social harm, such as harming the sound sexual culture and good morals by commercializing women's sex, making it necessary to severely punish such act; and that the defendant systematically engages in sexual traffic brokerage business, such as advertising a commercial sex business by using the Internet site, etc., the defendant's liability is not less and less than that of the defendant.

However, in addition to the fact that the defendant was committing the crime of this case and against the mistake, and the defendant was punished by a fine of two million won for gambling around 2016.

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