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(영문) 서울중앙지방법원 2016.03.25 2015고단7496
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A Imprisonment of 10 months and fines of 8,000,000 won, Defendant B’s imprisonment with prison labor of 6 months, Defendant C’s fine of 5,00,000 won.

Reasons

Punishment of the crime

1. The joint crime committed by Defendant A and Defendant B is the person who operates the “E” entertainment center located on the Seocho-gu Seoul Metropolitan Government D and the first underground floor, and Defendant B is the head of the business of the above establishment.

On May 13, 2015, the Defendants received KRW 240,00 from F, G, and H each of the above businesses at F, G, and H. On May 13, 2015, around 00:30 on May 14, 2015, the Defendants conspired to act as a broker for engaging in sexual intercourse with K, L, M and other employees of the above businesses at the Jel located in Seocho-gu Seoul, Seocho-gu Seoul.

2. Defendant C is the Jel manager in Seocho-gu Seoul Metropolitan Government I.

On May 14, 2015, at the above Jel around 00:30, the Defendant, despite being aware of the fact that F, etc. engaged in sexual traffic with employees of entertainment establishments, provided that F, etc., would receive KRW 40,00 per room from the above A, and provided an entertainment room.

Accordingly, the defendant committed an act such as arranging sexual traffic by providing a place for sexual traffic for business purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of a police officer in relation to K, L, M, F, G, H, and N;

1. Application of voluntary accompanying reports, E's license for entertainment shop business, certificate of business report of J motherel, on-site control photographs, and statutes;

1. A and B of the relevant criminal facts under Article 19(2)1 of the Act on the Punishment of Acts, Including the brokerage, etc. of sexual traffic, and Article 30 of the Criminal Act: In general, Article 19(2)1 of the Act on the Punishment of Acts, Etc. of Arranging sexual traffic, Article 19(2)1 of the Act on the Punishment of Acts, such as Arranging sexual traffic;

1. Defendant A and B who choose a sentence: Imprisonment with prison labor, and the concurrent imposition of fines to Defendant A (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.)

1. Article 70(1) and Article 69(2) of the Criminal Act against Defendant A and C, who is detained in a workhouse;

1. As to Defendant A and B, Article 62(1) of the Criminal Act, with regard to the suspended sentence (Consideration of favorable sentencing)

1. To observe the protection and community service order and to Defendant A and B, Article 62-2 of the Criminal Act;

1. With respect to the defendant A and C with the provisional payment order, each criminal procedure law is applicable.

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