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(영문) 서울중앙지방법원 2018.01.11 2017고단8077
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 5,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On March 21, 2017, the Defendant was issued a summary order of a fine of KRW 7 million at the Seoul Central District Court for a violation of the Act on the Punishment of Acts, including the Mediation, etc. of Commercial Sex Acts (or brokerage, etc. of Commercial Sex Acts). On January 20, 2017, the Defendant was sentenced to a suspended sentence of KRW 2 years and a fine of KRW 7 million for the same crime at the Seoul Central District Court on June 201, and the said judgment became final and conclusive on July 18, 2017.

The Defendant is the head of the general office of a sexual traffic business place operated with the trade name of “C” in Seocho-gu Seoul Metropolitan Government Office No. 1205.

From March 22, 2017 to April 21, 2017, the Defendant: (a) reported sexual traffic advertisements posted on “D”, “E”, “F, etc., an adult Internet website in the above Btel 1205 from around March 22, 2017; and (b) ordered sexual traffic female H (the suspension of indictment on the same day), etc. employed in advance after receiving KRW 1.30,00 to KRW 1.80,00 as the price of sexual traffic (the suspension of indictment on the same day) from G, etc. (the same day) who found sexual traffic advertisements to be published on “D”, “E”, “F, etc.; and (c) had sexual intercourse with the said sexual purchase at once.

Defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant or H by the prosecution;

1. A protocol concerning the examination of the police officer in G;

1. Police seizure records and list of seizure;

1. Report of investigation (related to photographs of the control site);

1. Previous records: Inquiry into criminal records, confirmation of criminal records and application of Acts and subordinate statutes attached to the same criminal records;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging, etc. Sexual Traffic concerning facts constituting an offense (referring to cases where a person mediates sexual traffic for business purposes) and Article 24 of the same Act shall be concurrently punished by imprisonment and a fine under Article 19 (2) 2

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The Defendant’s separate reasons for sentencing under Article 334(1) of the Criminal Procedure Act (from March 7, 2016)

3. up to 23. 23. I is tried to arrange sexual traffic, which is the business owner of the business (the "J-related business).

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