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(영문) 서울남부지방법원 2017.12.20 2017고단5573
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a business proprietor operating an officetel commercial entertainment business with the trade name of the officetel 667 in Yeongdeungpo-gu Seoul Metropolitan Government, the Dtel 405 and 406 in Yeongdeungpo-gu Seoul Metropolitan Government, and the officetel 505 in Dongjak-gu Seoul Metropolitan Government.

On May 8, 2017, the Defendant, at around 15:00, waiting for a sexual traffic female G around 406, the Defendant: (a) received the price for sexual traffic from H, a customer, and had the said G engage in a similar act; (b) received the price for sexual traffic of KRW 70,00 from the number of unspecified men in the said officetel from May 3, 2017 to May 31, 2017; and (c) had I, G, and J, etc. receive the price for sexual traffic of KRW 70,00 from the said officetel; and (d) mediated sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect to the public prosecutor in K;

1. Each protocol concerning the examination of police officers against G, H, I, L, M, J, and N;

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., concerning facts constituting an offense, and Article 19 (2) 1 of the same Act (generally, selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Grounds for sentencing in the former part of Article 48 (1) 1 of the Criminal Act, and Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of determination] and brokerage, etc. of sexual traffic crimes, such as brokerage, etc. of sexual traffic, (2) [the territory of recommendation and the scope of the recommended punishment] and the basic area of the recommendation [the scope of the recommended punishment], six months to one year and four months.

3. There is no reason for the suspension of execution [major reasons for the suspension of execution] (general reasons): Proactive social ties clear, serious reflection of social ties.

4. Determination-making of sexual traffic is aimed at preventing the spread of illegal sexual traffic establishments and establishing a sound sexual culture, without significant social harm, such as harming the sound sexual culture and good morals by commercializing women's sex.

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