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(영문) 서울남부지방법원 2017.09.20 2017고단3359
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall arrange, etc. sexual traffic for business purposes.

Nevertheless, from April 20, 2017, the Defendant operated the business of “C” on the first floor of Geumcheon-gu Seoul (Seoul) and operated a commercial sex act with the trade name “E” on the Internet website D. On April 24, 2017, the Defendant was engaged in commercial sex acts by advertising commercial sex acts on the Internet website D. On April 24, 2017, the Defendant was engaged in commercial sex acts by receiving KRW 120,000 in cash from two male customers in the name of the non-resident who reported and visited the above advertisement, and by allowing the Defendant, her female F and G, who are employees of the above business place, to have sexual intercourse with the above male.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police in relation to F and G;

1. Application of control site photographs, Internet advertisement photographs, and statutes;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., concerning facts constituting an offense, and Article 19 (2) 1 of the same Act (generally, selection of imprisonment with prison labor);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Aggravation factors, such as (2) brokerage, etc. of commercial sex acts due to business operations, receipt of consideration, etc. (special sentencing factors): The area of aggravation [the territory of recommendation and the scope of punishment recommended], one year or three years imprisonment, respectively.

3. Reasons for a suspended sentence [major reasons for a suspended sentence] negative: An act of arranging sexual traffic using an advertisement or a medium with a high radio wave (general reasons for consideration] positive: clear social relation and serious reflectivity.

4. Determination of the sentence of sexual traffic is not so likely to undermine the sound sexual culture and good morals of women by commercializing their sex, and it is necessary to severely punish the business owners operating illegal sexual traffic establishments in order to prevent the spread of illegal sexual traffic establishments and to establish a sound sexual culture.

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