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(영문) 서울중앙지방법원 2016.05.27 2016고단2240
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months and by a fine not exceeding five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From March 10, 2016, the Defendant promised to offer guest rooms on the same day among the hotels in Gangnam-gu, including D hotel, in Gangnam-gu, Seoul, for each time, and advertised the Internet sexual traffic advertising site, H, etc. with the trade name of "G" after employing E, F, etc. as a female in sexual traffic, and received the price for sexual traffic from the non-personal males in the name that found and received one time from 350,000 won to 90,000 won. As above, the Defendant is a business entity engaging in sexual traffic in a manner that allows female sexual intercourses to conduct sexual intercourse in the pre-contracted hotel room.

On April 6, 2016, at around 19:30, the Defendant received 400,000 won from the nameless male customers who reported and contacted Internet advertisements as above from the above male customers, and arranged commercial sex acts to have sexual intercourse with the above male customers.

Accordingly, the Defendant, from March 10, 2016 to April 6, 2016, arranged sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against F and E;

1. A written statement, a protocol of seizure, and a list of seizure;

1. On-site control photographs and investigation reports (specific criminal proceeds of the suspect);

1. Application of Acts and subordinate statutes on business advertisements;

1. Relevant legal provisions concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective Commercial Sex Acts, and Article 24 of the Act on the Punishment of Imprisonment and Punishment of Fines (Article 24 of the Act on the Punishment of Acts, such as

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The latter part of Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection: Provided, That the period of business x 28 days x recovery of sexual traffic per day x 60,000 won x 680,000 won additionally collected;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of the recommended punishment] 2 types of sexual traffic crimes subject to 19 years of age or older, such as brokerage of sexual traffic, etc. (the business and the receipt of the price.

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