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(영문) 서울남부지방법원 2016.10.12 2016고단3388
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who, from May 2015, has seven smugglings in the first floor above the Gangdong-gu Seoul Metropolitan Government B, and employs C, etc. as an employee and operates a sexual traffic business establishment under the trade name of D.

On May 26, 2016, the Defendant: (a) around May 26, 2016, received KRW 90,00 from customers E and caused C, an employee of the said business, to engage in a similar sexual intercourse by allowing them to engage in sexual intercourse; (b) from May 6, 2015 to the said date, the Defendant received KRW 90,00 per person from the average two customers of the said business; and (c) caused the employees of the said business to perform the similar intercourse as above.

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. E statements;

1. Police seizure records;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the punishment (compacting imprisonment with prison labor, with prison labor),

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

1. Grounds for sentencing under the former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. The scope of recommendations according to the sentencing guidelines (the determination of types of recommendations) that has no basic area (the scope of recommendations and recommendations), six months to one year and four months; and the basic area of imprisonment, six months; and one year and four months; and

3. Reasons for the suspension of execution [main reasons for the suspension of execution] positive reasons for the suspension of execution: There is no record of criminal punishment (general reasons for the suspension of execution] positively: Serious reflection

4. Determination of sentence of sexual traffic does not have a significant social hazard, such as harming the sound sexual culture and good morals by commercializing women's sex, and preventing the spread of illegal sexual traffic establishments, and establishing a sound sexual culture.

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