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(영문) 서울중앙지방법원 2017.06.29 2017고단2236
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A Imprisonment with labor for one year and fines for ten million won, and Defendant B and C shall be punished by imprisonment for ten months and fines for up to eight million won.

Reasons

Punishment of the crime

Defendants are joint owners of sexual traffic business places called ‘D'.

At the same time, from around December 27, 2015 to February 17, 2016, the Defendants posted an advertisement that is called 'D' on the Internet site of Gangnam-gu Seoul Metropolitan Etel 304, 411, 1011, 1224, and 'F'. The Defendants received 140,00 won as the price for commercial sex acts from the non-personal males who reported the said advertisement, and ordered females including G et al. to have sexual intercourse with the males on their names.

As a result, Defendants conspired to act as commercial sex acts such as brokerage.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. A protocol concerning the examination of the police officer in G;

1. Police seizure records and list of seizure;

1. Application of statutes governing field enforcement photographs;

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

1. Selection of each sentence of imprisonment with prison labor and the concurrent imposition of fines (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. (Confiscation) Article 48(1)1 of the Criminal Act (Defendant C) of the Criminal Act (Article 48(1)1 of the same Act does not confiscate, inasmuch as there is no evidence that Defendant C appears to have used the seized whitephone as a mobile phone individually used by Defendant C and there is no other evidence to prove that it was used for committing a crime)

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of each of the Criminal Procedure Act recognize and reflects the facts charged. Defendant B was issued a summary order of KRW 7 million by a fine at the Seoul Central District Court on June 11, 2014 due to a crime of violation of the Act on the Punishment of Acts, Including the Mediation, etc. of Commercial Sex Acts (e.g., brokerage of commercial sex acts). Defendant C performs the brokerage of commercial sex acts at other places even after the control of this case, and is punished by a fine of KRW 4 million on November 11, 2016.

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