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(영문) 서울중앙지방법원 2019.07.12 2019고단2580
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a business proprietor operating sexual traffic businesses with the trade name “D” after leasing the G apartment C in Sungnam-si, Sungnam-si.

From Oct. 29, 2018 to Nov. 28, 2018, the Defendant reported commercial sex acts posted on the “E”, etc. on the adult Internet website in the above B apartment C from Oct. 29, 2018 to Nov. 28, 2018, and had women, such as F, who received KRW 80,00 or KRW 1,50,000 in the price for commercial sex acts, and employed in advance, engaged in commercial sex acts once or twice.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding F;

1. Application of Acts and subordinate statutes to investigation reports (indicating the frequency and calendar calendars of the F sexual traffic), investigation reports (in cases of officetels monthly rent contracts);

1. Relevant Articles of the Act on the Punishment of Arrangement of Commercial Sex Acts and the Punishment of Arrangement of Commercial Sex Acts, Etc. concerning facts constituting an offense, and the choice of imprisonment;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The punishment shall be determined as ordered in consideration of the specific circumstances specified in the latter part of Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. [the grounds for collection: the suspect's interrogation protocol against the defendant] The size of the business establishment of this case, business period and operating profit, the role and degree of participation of the defendant in the crime of this case, other age, character and conduct, environment, motive, circumstance, means and consequence of the crime of this case, circumstances after the crime, etc., and various conditions of sentencing specified in the arguments and records

The period of the instant crime is not long, and the scale of the business is also small.

In light of the above crime period, size of business place, etc., a fine shall not be imposed concurrently.

The defendant recognized the crime of this case and reflects it, and there is no record of punishment for the same kind of crime.

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