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(영문) 서울동부지방법원 2019.10.22 2019고단296
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On February 13, 2019, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution for violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Seoul Southern District Court on February 13, 2019, and the judgment became final and conclusive.

【Criminal Facts】

The Defendant, from November 3, 2018 to the 19th day of the same month, placed an advertisement of commercial sex acts on the Internet website from around November 3, 2018 to the day of the same month, as a person who operates a commercial sex acts business establishment with the trade name of "E", who was placed on "F" around November 22 and 30, 2018. The Defendant reported the advertisement of the above business establishment, which was placed on "F, the commercial sex acts" around November 19, 2018. The Defendant, from around November 3, 2018, placed an advertisement of commercial sex acts on the Internet website and had the above D, etc. do sexual intercourse with an unspecified male.

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

Summary of Evidence

1. Defendant's legal statement;

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

1. Advertising photographs and control sites photographs of sexual traffic establishments;

1. Previous records of judgment: Application of criminal records, references to evidence, additional documents (case summary agreement assistant meeting - Seoul Southern District Court No. 2018 type No. 47884) and Acts and subordinate statutes of judgment rendered by Seoul Southern District Court 2018Kadan4797;

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. The sentencing guidelines do not apply to the crimes of violation of the Punishment of Arrangement of Commercial Sex Acts, etc. Act on the grounds of sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act concerning concurrent crimes, since the crimes of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. and the latter part of Article 37 of the Criminal Act are concurrent crimes.

1. Imprisonment with prison labor for not more than seven years;

2. The crimes of arranging sexual traffic which are determined to be sentenced shall be such as impairing the sound sexual morals by commercializing the sex; and

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