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(영문) 서울동부지방법원 2018.11.16 2018고단2822
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates “D” on the first floor of the Gwangjin-gu Seoul Special Metropolitan City building C.

On June 12, 2018, around 23:40 on June 12, 2018, the Defendant: (a) received 100,000 won for sexual traffic from the crackdown police officers who pretended to be customers; (b) instructed female employees E to receive 50,00 won for sexual traffic; and (c) assisted female employees E to engage in sexual traffic with the above room; and (d) assisted female employees to engage in sexual intercourse or similar sexual intercourse with unspecified customers from around October 2017 to around the above day; and (e) arranged sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the Acts and subordinate statutes to photographs at enforcement sites;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic concerning facts constituting an offense and Article 19 (2) 1 of the same Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The basic area (from June to April) of the sentencing criteria shall be applied [the scope of the recommended punishment]; the brokerage, etc. of commercial sex acts subject to the age of 19 or older; and the basic area (the brokerage, etc. of commercial sex acts due to the business, the receipt of prices, etc.) of the two types;

2. Determination of sentence shall comprehensively take into account the Defendant’s age, sexual conduct, environment, health conditions, criminal records, the business period and size of the instant sexual traffic business establishment, motive, means and result of the crime, and other factors of sentencing as shown in the pleadings of the instant case, including the circumstances after the crime, and determine the sentence as ordered.

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