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(영문) 서울남부지방법원 2017.10.13 2017고단4210
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 an officetel sexual traffic business in the name of Gangseo-gu Seoul Metropolitan Government B 301, “C”.

On July 12, 2017, the Defendant, at around 19:00, waiting to the above officetels, sent off female employees D, who were born, and received the payment of sexual traffic amounting to KRW 100,000 from E, and arranged sexual traffic for business purposes by allowing the above D to do sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Application of statutes on site 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. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging sexual traffic;

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. The 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, and thus it is necessary to eradicate such act strictly. Considering the fact that the defendant employs foreign women and has them engage in sexual traffic, advertises commercial sex acts, and rents officetels to use them as a place of sexual traffic, etc., the criminal liability of the defendant is not weak.

However, the defendant's perception of the crime of this case reflects the defendant's mistake, the defendant has no criminal record for the same kind of crime, and the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and all of the conditions of sentencing as shown in the records and changes.

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