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(영문) 서울중앙지방법원 2015.03.20 2014고단9611
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 5,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, at the third floor of Seocho-gu Seoul Metropolitan Government, operated a commercial sex trafficking business establishment called “C”, advertised the above business establishment on the Internet “D,” etc., and employed E, etc. as female employees.

From October 20, 2014 to October 24, 2014, the Defendant received 39,000 won from the customers with no name, and gave guidance to the room of the above business establishment, and let female employees E, etc. commit similar acts such as stimulateing the sexual organ of customers by hand.

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Application of the photographic 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 businesses under Article 62-2 of the Criminal Act;

1. The amount additionally collected under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic: 240,000 won (15 pages of investigation records) that accrues from the business of arranging sexual traffic from October 22, 2014 to the 24th of the same month;

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

1. Type 2 (Mediation, etc. of Commercial Sex Acts due to Business Consideration, Receipt, etc.) (one year to three years) in the area of aggravation (one year to three years), such as advertisement activities or mediation by using high radio media, in the area of increase (one year to three years), such as brokerage, etc. of commercial sex acts subject to the age of 19 or older;

2. Specific grounds for sentencing have the record of having been sentenced to a fine for the same crime on January 10, 2013, and the Defendant continues to operate his/her business even after the first crackdown around September 2014.

In addition, the defendant's age, occupation, character and conduct, size of business (five rooms) and the defendant's age, occupation, character and conduct, and size of business (five rooms) that reflects his/her mistake and does not repeat the crime.

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