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(영문) 서울중앙지방법원 2014.11.28 2014고단7864
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding seven thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, having five rooms on the first floor of Gangnam-gu Seoul Metropolitan Government, operated a commercial sex trafficking business establishment called “D”, advertised the above business establishment on the Internet “E” and employed female employees F.

On June 2014, the defendant employed G as an employee of the above business establishment by making a request for a while working at the business establishment, and if the police is discovered, he was found to have been the president.

From the beginning of July 2014 to July 21, 2014, the Defendant, in collusion with G, engaged in the act of arranging sexual traffic in collusion with G, by receiving the price of sexual traffic equivalent to 80,000 won from male customers in the name of not having reported the Internet advertisement and finding the said officetel, and by allowing female employees F, etc. to do the act of arranging sexual traffic, such as stimulateing the sexual organ of customers by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Two-time suspect interrogation protocol of G concerning prosecution (two-time);

1. Police suspect interrogation protocol regarding F;

1. A written statement;

1. Application of Acts and subordinate statutes on books and photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense, Article 30 of the Criminal Act;

1. Selection of an alternative sentence of imprisonment and the concurrent imposition of a fine (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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The basic area (referring to six months to four months) of the sentencing criteria [the range of recommendations] the basic area (referring to the mediation, etc. of commercial sex acts due to the receipt, delivery, etc. of business prices) of the types of the crimes subject to 19 years of age or older;

2. In addition, the Defendant, who committed the instant crime, did not reflect after the first control on July 21, 2014, has two times the history of the same crime (one time of suspension of indictment and one time of a fine of four million won), and was sentenced to a fine for the crime of aiding and abetting sexual traffic. In addition, the Defendant, who committed the instant crime, did not resume his business again after the first control.

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