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(영문) 서울중앙지방법원 2014.11.28 2014고단7517
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. A violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (sexual traffic advertisements) the Defendant placed a D site on the Internet at an insane location on February 2, 2012, and advertised as “the shop shop for the pre-sale model of the Seoul maximum Amamama Civil Aviation” and advertised D business places, which are commercial sex acts, from that time until July 2014, by stating the reservation telephone number, various service contents, and phrases that suggest commercial sex acts.

2. The Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) operated the business of the trade name “D” on the lease of the Gangnam-gu Officetel 202 and 304, etc., and advertised the above business through the Internet as referred to in the preceding paragraph, and employed F as female employees.

On July 1, 2013, the Defendant: (a) provided the instant officetels with KRW 8 to 100,000,000 from customers without his name, and (b) provided guidance to the said guest room; and (c) provided F with similar intercourse in a manner that misleads his sexual organ by hand; and (d) provided a business of arranging sexual traffic until April 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Records of seizure and the list of seizure;

1. Application of output, photographic Acts and subordinate statutes;

1. Relevant Articles of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Punishment of Acts of Arranging Sexual Traffic, Article 20 (1) 2 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, etc. and Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic concurrently with imprisonment and a fine;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act shall apply to concurrent crimes. Article 50 (Limits to Aggregate of Long-term Punishment and Maximum Amounts of Crimes);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Punishment of the reasons for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic.

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