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(영문) 서울중앙지방법원 2015.05.15 2014고단10027
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six months and a fine for 6,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant operated a trade name sexual traffic business establishment called “D” on the first floor of Gangnam-gu Seoul Metropolitan Government C, advertised the above business establishment on the Internet “E,” etc., and employed F, etc. as female employees.

On June 24, 2014, the Defendant: (a) around 21:00 on June 24, 2014, (b) received KRW 75,000 from customers and sent room two times; (c) provided sexual traffic with female employees F, and (d) provided sexual traffic with them, (d) around May 7, 2014 to June 24, 2014; and (e) provided female employees with an amount equivalent to KRW 75,00,000, and (e) provided female employees with the sexual intercourse with their hands, and (e) provided sexual traffic arrangement.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol concerning G and F;

1. Photographss and advertising photographs of the business establishment;

1. Application of lease contract Acts and subordinate statutes;

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

1. Selection of an alternative sentence of imprisonment and the concurrent imposition of a fine (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 for the detention of a workhouse;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The types (one to three years) in the aggravated area (one year and three years), such as the brokerage, etc. of commercial sex acts subject to the age of 19 or older, (one-year brokerage, etc. for commercial sex acts due to the receipt, delivery, etc. of business prices), shall be added to the sentencing guidelines [the scope of recommendations] and the brokerage of commercial sex acts using a medium

2. The grounds for sentencing are as follows: (a) the Defendant’s specific reasons for sentencing reflects the mistake of the Defendant and did not repeat the offense; and (b) the Defendant was committed prior to and once a fine of the same kind; and (c) the Defendant’s age, character and conduct, family environment, size and period of business (four rooms, three to four female employees, one month period), and the conditions for sentencing specified in the arguments, such as circumstances before and after the commission of the offense.

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