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(영문) 서울중앙지방법원 2016.08.30 2016고단3397
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A shall be punished by imprisonment for ten months and by a fine of five million won, by imprisonment for eight months and by a fine of three million won, respectively.

Reasons

Punishment of the crime

Defendant

On November 27, 2014, A was sentenced to eight months of imprisonment for a violation of the Act on the Punishment of Acts, such as Arrangement of Commercial Sex Acts, etc. at the Suwon Franchising Station (hereinafter referred to as the "Commercial Sex Acts Mediation"), and completed the execution of the sentence on June 6, 2015.

Defendant

A invested funds as the actual business owner of the second floor of the building in Seocho-gu Seoul Metropolitan Government, and takes charge of the overall operation of the business, and Defendant B registered as the president of the business place, reported the business operator in his name, reported male customers as a room, and supervised the business place as soon as possible, and instead, Defendant A was investigated as the business owner, and paid the fine of Defendant B.

From October 2015 to May 2016, the Defendants, together with five rooms equipped with simple beds, one guest waiting room, two guest rooms, two shower rooms, two shower rooms, and kackers, etc. in the above business establishment, directed male customers, such as F and G, to receive 120 thousand to 140 thousand won as the price for sexual traffic, and to receive 1.2 million to 1.40 million won as the price for sexual traffic, and let female workers, such as H, I, and J, have them do sexual intercourse with male customers by a room in which they are waiting.

As a result, Defendants conspired to act as commercial sex acts such as brokerage.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. A protocol concerning the examination of each police suspect with respect to F, G, I, and H;

1. Each statement;

1. Each investigation report (the calculation report of a surcharge and the confirmation date of the date of release);

1. Application of Acts and subordinate statutes on site photographs and interior photographs of business places;

1. The Defendants: The relevant legal provisions and the choice of punishment for the crime shall be concurrently punished by imprisonment with prison labor and a fine under Article 19(2)1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act, and Article 24 of the same Act.

1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2)1 of the Criminal Act.

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