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(영문) 서울남부지방법원 2017.12.13 2017고단4802
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On June 1, 2017, the Defendant violated the Act on the Punishment of Acts, such as Arranging Commercial Sex Acts, etc.: (a) placed a job offer advertisement on the Internet website B; and (b) reported and contacted the job offer advertisements (the age of 21) and (c) on July 10, 2017, the Defendant came not to have a sexual intercourse with a male guest on the condition that he receives KRW 90,000 per hour from Dtel 608 when lighting around 2:50 on July 10, 2017.

Accordingly, the defendant recruited a person to engage in the act of selling sex as above.

2. Violation of the Act on the Punishment, etc. of Acts of Arranginging Commercial Sex Acts (such as brokerage, etc. of commercial sex acts), along with E, the head of office, operated a commercial sex acts establishment from Jun. 1, 2017 to Jun. 1, 2017, which had been found to have reported commercial sex acts advertising site advertisements, such as “H and I,” in the trade name of “G” as of July 3, 2017, when he/she operated a commercial sex acts establishment, including “G” as of July 17, 2017.

Accordingly, the defendant conspireds with E to commit acts such as arranging sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect to E, K, and J;

1. Police seizure records;

1. C’s statement;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (referring to the act of arranging commercial sex acts, including the act of arranging commercial sex acts), Article 19 (1) 2 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (referring to the act of inviting persons to engage in the act of selling sex), and choice of imprisonment

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 suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing in the former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The scope of applicable sentences under the law: Imprisonment from one month to ten years.

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