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(영문) 서울중앙지방법원 2015.03.20 2014고단6964
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

In Seoul Special Metropolitan City, the Defendant has been operating a business in the Seoul Special Metropolitan City, Gwanak-gu, with facilities such as three service rooms, shower rooms, and waiting rooms.

The Defendant received 90,00 won from male customers who found their places in the above business establishment from around June 17, 2014 to around December 20 of the same month as the price for sexual traffic, and let E who are female employees employed by the Defendant do sexual intercourse with the customers, thereby making the business of arranging sexual traffic.

Summary of Evidence

1. Partial statement of witness E;

1. A protocol concerning the interrogation of suspects of E;

1. A E-document;

1. Application of Acts and subordinate statutes to recording notes;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense (the occupation of arranging sexual traffic and the choice of imprisonment with labor);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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

2. The basic area of sentencing guidelines [decision of types] the sexual traffic crime group, the brokerage of sexual traffic by giving and receiving business prices, etc. from among the sexual traffic crimes subject to the age of 19 or older, etc. [Scope of recommending punishment]: Imprisonment with prison labor for not less than 6 months to 1 year and April: None of special mitigation factors / No special aggravation factor:

3. Determination of sentence: Six months of imprisonment; and

4. Whether to suspend the execution: There is no negative reason that there is no positive reason for the suspension of execution (the reason for the suspension of execution): positive (the reason for the suspension of execution is insignificant. The negative reason for the suspension of execution is that there is a history of being sentenced to a fine several times for the same kind of crime. It shall be sentenced to the suspension of the execution of imprisonment with prison labor accompanied by community service and lecture order within the scope of recommendation, taking into comprehensive account the reason for the main participation as mentioned earlier, the reason for the general participation, and all the circumstances shown in the argument of this case as a whole.

It is so decided as per Disposition for the above reasons.

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