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(영문) 서울중앙지방법원 2015.04.24 2014고단9615
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant operated a commercial sex trafficking business establishment of Seocho-gu Seoul Metropolitan Government building B, “C,” and advertised the above business establishment by distributing leaflets, etc. in the vicinity of the Gangnam Station, and employed D, etc. as female employees.

From September 17, 2014 to October 30, 2014, the Defendant engaged in the act of arranging commercial sex acts, etc. with female employees D and sexual intercourse by providing the following information: (a) from around September 17, 2014 to around October 30, 2014, the Defendant received an amount equivalent to 1.60,00 won from male customers with no name, and provided guidance

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the photographic Acts and subordinate statutes;

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 alternative punishment of imprisonment and the concurrent punishment of fines (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 order under Article 62-2 of the Criminal Act;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommendation] the aggravated area (1 to 3 years) of the second category (1 to 19 years, such as brokerage, etc. of sexual traffic by business or giving and receiving, etc.) of sexual traffic crimes subject to age 19 or older shall be determined by taking account of the following factors: (a) there is no prior criminal history; (b) the defendant has no record of any kind of crime; and (c) the defendant has to reflect his/her mistake and not repeat his/her offense; and (d) the defendant's age, occupation, character, personality and behavior, family relation, motive, scale and period of the crime; and (e) the circumstances before and after the crime.

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