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(영문) 서울중앙지방법원 2015.03.13 2014고단10199
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 3,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant operated a commercial sex trafficking business establishment called “D” in Seocho-gu Seoul Metropolitan Government Ctel 1404, and advertised by distributing advertising papers to the Seoul Gangnam-gu Seoul Metropolitan Government Group, and employed E, etc. as female employees.

On November 13, 2014, the Defendant: (a) received 130,000 won from a customer who reported and contacted a leaflet; and (b) provided guidance to the said 1404; (c) provided female employees E and sexual intercourse; and (d) provided sexual intercourse from October 13, 2014 to November 13, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects of E or F;

1. Promotion complex;

1. Statement made by prosecution on a lease contract;

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

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense;

1. Selection of an alternative sentence of imprisonment and the concurrent imposition of a fine (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Social service businesses under Article 62-2 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of recommendation] the aggravated area (1 to 3 years) of the second category (1 to 19 years of commercial sex acts, such as brokerage, etc. of commercial sex acts, etc. (1 to 3 years of commercial sex acts, etc. by giving and receiving, etc.) [the decision of sentence] the defendant has no criminal history of the same kind of crime, and the defendant has to not committed a crime against his/her mistake and not repeat again. The business period is relatively short, and the punishment is determined in consideration of the defendant's age, occupation, character, personality and behavior, family relation, size of business and circumstances before and after the crime, etc. for the same reason as the disposition is determined.

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