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(영문) 서울동부지방법원 2015.03.27 2014고단3990
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
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

No one shall perform acts of sexual traffic or arranging sexual traffic in return for giving or receiving money, valuables or other property benefits to many and unspecified persons, and shall establish or operate a place of business of sexual traffic in the school environmental sanitation and cleanup zone.

Nevertheless, on July 1, 2014, the Defendant: (a) received 70,000 won from male customers E and F, each of whom was found at the place of sexual traffic business in the name of “D,” located on the first floor of Gangdong-gu Seoul Metropolitan Government, Seoul, a school environmental sanitation and cleanup zone (B kindergarten half-class 170 meters); and (b) arranged the similarity of sexual intercourse by stimulating female employees G and H’s sexual organ of the above E and F with their hands-on and hand-on; and (c) arranged sexual intercourse from Jun. 21, 2014 to the above temporary date.

Accordingly, the defendant established and operated commercial sex acts establishments in school environmental sanitation and cleanup zones, and arranged commercial sex acts for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against F, G, H, and E;

1. Each protocol of seizure, the list of seizure, and evidence of seizure;

1. Application of Acts and subordinate statutes in relation to the business account books, on-site collection photographs, and on-site preparation and cleanup zones;

1. Relevant legal provisions concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (the occupation of arranging sexual traffic), Articles 19 (2) and 6 (1) of the School Health Act (the establishment of a place of sexual traffic in the school environmental sanitation and cleanup zone), and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62-2 of the Criminal Act on community service order;

1. Grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic and Article 48 (1) 1 of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

A. Arrangement of commercial sex acts: sexual traffic between six months of imprisonment and April.

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