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(영문) 서울남부지방법원 2016.06.28 2015고단5303
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operated a marina business in Gangseo-gu Seoul Metropolitan Government with the trade name “C” from July 15, 2014 to September 14, 2015.

On September 13, 2015, the Defendant: (a) received 120,00 won from the son’s son’s sexual intercourse; (b) had female employees E and sexual intercourse with the name of “D” from June 16, 2015 to around the above time; and (c) had female employees using the same name of F, G, H, H, I, J, J, K, M, N, P, Q, Q, Q, Q, S, T, T, U, V, and D receive sexual intercourse from the son’s sexual customers and arrange sexual intercourse with the said female employees by receiving the price of sexual intercourse in total of 56,243,00 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of suspects by the prosecution against W;

1. Statement made by the police for E;

1. Investigation reports, and arrangement of books and records;

1. Application of statutes on records of seizure and lists of seizure;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

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

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (from June to January and April) of the types of sexual traffic crimes subject to the age of 19 or older and the mediation, etc. of sexual traffic (the mediation, etc. of sexual traffic by business, giving and receiving prices, etc.) (no person subject to special sentencing];

2. The act of arranging sexual traffic with a sentence of sentence is to make women's sex commercialized and to prevent the spread of illegal sexual traffic establishments and to establish a sound sexual culture without any social harm, such as undermining the sound sexual culture and good morals.

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