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(영문) 서울북부지방법원 2015.12.17 2015고단3636
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six 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

From July 15, 2015 to July 27, 2015, the Defendant operated a commercial sex business establishment with the trade name of “C” respectively from around July 15, 2015 to around July 26, 2015, and from around July 26, 2015 to around July 27, 1213 of the same month, and employed D and E as female employees by having the said business establishment equipped with facilities, such as a shower room, etc., and having female employees take 80,000 won per time from male customers in his/her name and engage in a similar sexual intercourse by having female employees take scambling the sex of the said male customers, and gain profits of KRW 640,000 per time from the price of commercial sex acts received as above by paying 40,000 won to female employees.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police suspect interrogation protocol of D or E;

1. Application of Acts and subordinate statutes, such as internal photographs of business places;

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

1. Article 62 (1) of the Criminal Act (affirmative considering the reason for the suspended sentence);

1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (640,000 won = 16 won per son x 40,000 won);

1. Standard for sentencing for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [type] / [the scope of recommending punishment] / Type 2 (a brokerage, etc. for commercial sex acts by business or giving and receiving, etc.) such as brokerage of commercial sex acts, etc. [the scope of recommending punishment] - Specialized Persons: The defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, etc. as to the major factors of sentencing under the decision of an intermediary sentence by using a medium with high radio wave, considering the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime were committed, and the following positive circumstances are positive.

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