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(영문) 서울북부지방법원 2017.01.12 2016고단4965
성매매알선등행위의처벌에관한법률위반(성매매알선등)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 10, 2016 to June 7, 2016, the Defendant: (a) at “C” located on B2 in Yeongdeungpo-gu Seoul Metropolitan Government from around April 10, 2016; (b) at “C”; (c) at the said business establishment, five rooms in which marina bars, etc. are installed; (d), E, F, etc. as female employees; and (c) employed D, E, and F, etc. as female employees; and (d) received 80,000 won per time from male customers under his/her name to have them interfere with the same with the above male customers; and (d) obtained profits equivalent to KRW 10,000,000 per time from among the sexual traffic payments received as above, by paying 50,000 won to female employees.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against D, E, or F;

1. A protocol of seizure and a list of seizure;

1. Application of statutes governing field enforcement photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense, and Article 19 (2) 1 of the same Act and selection of imprisonment;

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

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

1. The criteria for sentencing the grounds for sentencing [the scope of recommendations] provided for in the latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.: The punishment as ordered shall be determined by comprehensively taking into account the following conditions of sentencing, such as the sentence of the punishment of the basic area (six months or one year and four months), and the age, occupation, sex behavior, family relationship, conditions before and after the commission of the crime, etc.:

- The recognition and reflect of the offence that has been punished once by a fine due to a violation of the Medical Service Act of 2015 - the operating period, the scale of the business, the type of the business, the number of female workers engaged in sexual traffic, the scale of criminal proceeds

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