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(영문) 서울남부지방법원 2017.10.11 2017고단3070
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for one year.

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 agreed with female employees to distribute the commercial sex acts amounting to KRW 50,000,00 to KRW 1.50,000,000 to female employees, when operating a commercial sex business establishment in Guro-gu Seoul Metropolitan Government Btel 1718, the Defendant attempted to arrange commercial sex acts by having male customers and female employees find out the Internet “C” site by telephone.

On February 8, 2017, the Defendant reported the advertisement of the above officetel 1718 around 15:00, and announced the son’s son’s son who was waiting to be an officetel, and then made the female employee E, waiting to do sexual intercourse with D, thereby gaining profits of KRW 100,000.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. A criminal investigation report (calculated of the amount of additional collection);

1. Application of statutes on site photographs;

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 suspended execution;

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

1. Grounds for sentencing after Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection of Sex Acts;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Aggravation factors, such as (2) brokerage, etc. of commercial sex acts due to business operations, receipt of consideration, etc. (special sentencing factors): The area of aggravation [the territory of recommendation and the scope of punishment recommended], one year or three years imprisonment, respectively.

3. Reasons for a suspended sentence [major reasons for a suspended sentence] negative: An act of arranging sexual traffic using an advertisement or a medium with a high radio wave (general reasons for consideration] positive: clear social relation and serious reflectivity.

4. The act of arranging sexual traffic shall make women's sex commercialized.

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