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(영문) 서울동부지방법원 2015.04.10 2014고단3988
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who operates a sexual traffic business establishment with the trade name "C" on the first floor of Songpa-gu Seoul Metropolitan Government B.

No one shall commit an act of arranging sexual traffic, etc. or engage in sexual traffic by receiving or promising any money, valuables or other economic benefits.

Nevertheless, from May 11, 2014 to October 28, 2014, the Defendant employed sex trafficking women, such as D and E, at the above business establishment, and provided guidance to unspecified male customers who found the above business establishment by receiving KRW 1,50,000 won from the male customers, and arranged sexual trafficking women, such as D and E, to have sexual intercourse with male customers.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect with respect to E or D;

1. A certificate of control field;

1. Application of Acts and subordinate statutes to a copy of business registration certificate and a copy of real estate lease contract;

1. Articles 19 (2) 1 and 19 (2) of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense, the punishment of selective punishment, etc., and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The basic area (six months to one year and four months) of the types of recommendation and sentence according to the sentencing guidelines (the scope of recommendation) (the brokerage, etc. for commercial sex acts due to the business, the giving and receiving of prices, etc.) and the types of commercial sex acts subject to age 19 or older;

2. The sentencing period is less than five months, the defendant has no record of criminal punishment, the defendant has not committed a second offense, the size of the business of this case, the age of the defendant, occupation, character and conduct, and circumstances before and after the crime, etc. shall be determined in consideration of all the sentencing conditions, including the following:

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