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(영문) 서울동부지방법원 2018.12.07 2018고단3387
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A Imprisonment for six months, Defendant B, and C shall be punished by imprisonment for four months.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a sexual traffic business establishment with six rooms, three smuggling rooms, and six shower rooms with the trade name of “E” in Gangdong-gu Seoul Metropolitan Government.

On May 21, 2018, the Defendant: (a) received KRW 210,00 from F, which had been a customer at the said commercial sex business establishment on May 21, 2018; (b) assisted female employees G to engage in sexual intercourse against F; and (c) assisted commercial sex acts from April 20, 2018 to May 21, 2018.

2. Defendants B and C are the owners of the buildings listed in paragraph 1.

From April 20, 2018 to May 21, 2018, the Defendants, despite being aware of the fact that the said A performs an act of arranging sexual traffic at the said place, provided a place to receive monthly rent of KRW 1.5 million and provide A with a place to engage in sexual traffic.

Accordingly, the Defendants jointly committed acts such as arranging sexual traffic.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police in relation to F and G;

1. Each statement of H and I;

1. A protocol of seizure and a list of seizure;

1. Each report on internal investigation (No. 22,26 once a year);

1. A copy of the place of business, an original copy of the place of business, a registration certificate, information on completion of registration, a notification of completion of registration, a certified copy of resident registration card, or a copy of a suspect's place

1. Application of Acts and subordinate statutes, such as external photographs of sexual traffic establishments;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (the choice of imprisonment);

B. Defendant B and C: Article 19(1)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. and Article 30 of the Criminal Act (the choice of imprisonment with prison labor)

1. Defendants on probation: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing as set forth below);

1. Defendant A: The former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.;

1. Defendants: The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic [based on the calculation of a surcharge] (1) Defendant A: 4.10,00 won ( = 300,000 won from April 20, 2018).

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