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(영문) 서울중앙지방법원 2015.11.27 2015고단6172
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A and B shall be sentenced to 10 months of imprisonment and 7 million won of fine, and Defendant C shall be sentenced to 8 months of imprisonment and 3 million won of fine.

Reasons

Punishment of the crime

Defendant

A and B operate a commercial sex trafficking business establishment of "F" on the first floor of the Seocho-gu Seoul Metropolitan Government E building, and the defendant C is an employee of the above business establishment.

around 23:00 on May 19, 2015, the Defendants received KRW 100,000 from G from the said establishment of sexual traffic, and arranged for sexual intercourse with H, a female of the said establishment of sexual traffic, as well as Defendant C, from December 24, 2014 to May 19, 2015; Defendant B, from January 1, 2015 to May 19, 2015; and Defendant C, from February 26, 2015 to February 26, 2015, engaging in the act of arranging sexual traffic, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Records of seizure and the list of seizure;

1. The application of Acts and subordinate statutes to each photograph and investigative report (the calculation of an additional collection charge);

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Article 30 of the Criminal Act concerning facts constituting an offense;

1. Selection of punishment (the defendants) and the imposition of fines concurrently (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic);

1. Articles 70 (1) and 69 (2) of the Criminal Act, respectively, shall be confined in a workhouse (defendants);

1. Suspension of execution (Defendant A and C) Article 62 (1) of each Criminal Act. Article 62 (1) of the Criminal Act (Indecent Reasons for Sentencing below);

1. Article 62-2 (1) of the Criminal Act of each of the community service orders (Defendant A and C);

1. (Defendant C) Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic and Article 48 (1) 1 of the Criminal Act;

1. Additional collection (Calculation of an additional collection charge) of the latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

(a) The average number of customers per day from December 24, 2014 to December 31, 2014 x 50,000 won x 80,000 won x 3 of average number of customers per day from January 1, 2015 to May 18, 2015, which is 138 days before the control day x 50,000 won x 50,000 won x 137 days [excluding the amount collected as additional collection on February 26, 2015) x 120,000 won per day from January 1, 2015 to December 18, 2015, which is 138 days before the control day]; and

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