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(영문) 서울남부지방법원 2017.03.14 2016고단6134
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 9, 2016, the Defendant: (a) leased Nos. 520 and 1315 of Gangseo-gu Seoul Metropolitan Government Btel Btel, a school environment cleanup zone; (b) operated a commercial entertainment business establishment under the trade name of “C”; (c) arranged female employees E to receive KRW 130,000 won from customers D who found the place and to have other employees E perform the said D and sexual intercourse; and (d) from August 1, 2016 to September 9, 2016, the Defendant committed an act, such as arranging the business of arranging sexual intercourse, by arranging F, G, and E to provide sexual intercourse with customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police suspect examination protocol related to F and G;

1. Each statement of E and D;

1. No. 1 and 2 of the seized evidence;

1. Application of Acts and subordinate statutes to investigation reports (the confirmation and attachment of the operation of a sexual traffic business establishment in a school environment cleanup zone, the information service in a school environment cleanup zone, and the NAV guidance and search);

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic (the brokerage of commercial sex acts by business and the choice of imprisonment), Articles 19 (2) and 6 (1) 19 of the former School Health Act (Amended by Act No. 13946, Feb. 3, 2016);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 25 of the Act on the Punishment of Acts, such as Mediation for Additional Collection of Commercial Sex Acts: 20 days from the actual business day x 250,00 won operational profit per day x 5 million won;

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

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

(a) Violation of the Act on the Punishment, etc. of Acts, such as brokerage, etc. of sexual traffic (the scope of punishment recommended for sexual traffic), shall be at least 19 years of age;

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