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(영문) 서울남부지방법원 2017.03.15 2016고단5814
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

Punishment of the crime

The Defendant is a person who leases Nos. 406, 407, and 408 of building B in Yeongdeungpo-gu Seoul Metropolitan Government and operates a similar commercial sex trafficking business establishment in the name of “C”.

From May 18, 2015 to July 29, 2016, the Defendant employed two to three women of sexual traffic, such as D, from around May 18, 2015 to around July 29, 2016, and had them receive KRW 90,00 from his/her male customers on his/her name in the marina room, and had them promptly scam the sexual organ of male customers and engage in a similar sexual act by means, such as scaming with his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Investigative reports (Calculation of profits from sexual traffic);

1. On-site photographs;

1. Application of Acts and subordinate statutes, such as a contract on the lease of real estate and a copy of passbook;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing after Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection of Sex Acts;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the types of determination] and brokerage, etc. of sexual traffic crimes, such as brokerage, etc. of sexual traffic, (2) [the territory of recommendation and the scope of the recommended punishment] and the basic area of the recommendation [the scope of the recommended punishment], six months to one year and four months.

3. Grounds for a suspended sentence [major reasons for consideration] positive reasons for a suspended sentence: There is no history of criminal punishment (general grounds for consideration): Social relation clear and serious reflectivity.

4. Determination of the sentence of sexual traffic is an act of arranging sexual traffic, which does not have a significant social hazard, such as harming the sound sexual culture and good morals by commercializing women's sex, and requires strict punishment for the business owner operating illegal sexual traffic establishments in order to prevent the spread of illegal sexual traffic establishments and to establish a sound sexual culture, and the defendant has been subject to suspension of indictment by regulating the same crime before.

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