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(영문) 서울서부지방법원 2017.04.21 2016고단3299
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates the library called “C” in Eunpyeong-gu Seoul Metropolitan Government.

On September 12, 2016, the Defendant received 50,000 won as the price for sexual traffic from D, a male employee, who was found to be a customer at the above in the above inn room, and gave guidance to 103 in the above inn room, and had E pay 25,000 won to E who is an employee of the female in that room, and had E perform sexual intercourse with D, and had E act of sexual intercourse with D on September 12, 2016. On September 21, 2016, the Defendant directed F, a male employee, who was found to be a customer, to receive 50,000 won as the price for sexual traffic and received 105 won as the price for sexual traffic, and had G pay 25,000 won to G from August 2016 to September 20, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to E, D, G, and F;

1. Application of the photographic Acts and subordinate statutes;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation, etc. of Selective Commercial Sex Acts, concerning facts constituting an offense and Article 19 (2) 1 of the Act on the Punishment of Acts, Etc.

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging sexual traffic.

4. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s mistake and reply; (b) the fact that the advertisement was not deemed to have been made through a high radio wave medium; and (c) the fact that the business was deemed to have been completed; and (d) any other factors such as the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (b) the overall sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the crime, etc.

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