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(영문) 서울중앙지방법원 2015.10.16 2015고단4323
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

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

However, the above imprisonment for a period of two years from the date this judgment became final.

Reasons

Punishment of the crime

From March 25, 2015 to May 23, 2015, the Defendant operated “C” in Gwanak-gu in Seoul Special Metropolitan City from May 20, 2015, and caused a similar sexual intercourse by taking advantage of the hand, which is a part of the body, with the amount of KRW 80,00 from many unspecified male customers, and causing D (e.g., E), F (for example: G), etc. to have a sexual intercourse.

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect of the police against D, F, H, or I;

1. Photographs of the control site and the real estate lease contract;

1. Written statements J and K;

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

1. Relevant Articles of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. and the Punishment of Minor Acts of Arranging Sexual Traffic concerning facts constituting an offense, and both of imprisonment and fines;

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. Article 48 (1) of the Criminal Act, 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 of the order of provisional payment [the scope of recommendation] the aggravated area (1 to 3 years) of the second category (1 to 1) of the sexual traffic crimes subject to 19 years of age or older, such as brokerage, etc. of commercial sex acts (1 to 3 years), [the decision of sentence] advertising acts or mediation using a medium with high radio wave [the decision of sentence] the defendant re-consigns the business after he was controlled by the police as a crime of arranging commercial sex acts, and there is no good character of the defendant.

However, there is no criminal record except for the defendant who has been sentenced once to a fine due to the violation of the Establishment of Homeland Reserve Forces Act, his or her mistake against himself or herself, and the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, etc.

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