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(영문) 서울중앙지방법원 2019.04.26 2019고단387
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, from November 12, 2018 to November 15, 2018, operated a sexual traffic business establishment in the name of “C” under the name of “C”, from around November 12, 2018 to around November 15, 2018, provided guidance to the guest room by receiving 80,000 to 150,00 won from many unspecified male customers who reported the Internet advertisement, from the total number of unspecified male customers who reported the Internet advertisement, and provided prior guidance to the price for sexual traffic, and arranged sexual traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Police investigation report (related to short-site documentary evidence photographs);

1. Application of the Acts and subordinate statutes on Chapter 8 (No. 1) of the 10,000 original notes confiscated;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Imprisonment with labor concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under the former part of Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. is that the act of arranging sexual traffic with the reason for sentencing is necessary to strictly eradicate since it has a lot of social harm, such as the commercialization of women's sex and the harm to the sound sexual culture and good morals. Considering the fact that the Defendant has operated commercial sex acts by employing foreign women and advertising commercial sex acts using the Internet site, and by leasing buildings to use commercial sex acts, the Defendant's criminal liability is not weak.

However, considering the fact that the defendant's mistake and reflects, the period of the arrangement of commercial sex acts is not long, the defendant has no criminal record exceeding the same criminal record or fine, and the defendant has no criminal record, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, shall be determined as ordered.

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