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(영문) 서울남부지방법원 2017.05.19 2017고정35
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

From October 15, 2016 to October 18:40, 2016, the Defendant opened a sexual traffic business establishment under the Gangseo-gu Seoul Metropolitan Government Building B 201 Dong 801, and had C, who is a woman of sexual traffic, receive 140,000 won from a large number of unspecified male customers, and made them look at sexual intercourse once after cutting into the red sea, and provided a place for sexual traffic by obtaining 40,000 won from C as a value, and providing a place for sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. Application of statutes on site photographs;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging sexual traffic;

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act (the sentencing guidelines are not applicable because they were selected to impose a fine) of the Act on the Aggravated Punishment, etc. of the Aggravated Punishment Order (the sentencing guidelines are not applicable) is that the act of arranging sexual traffic is not highly harmful to society by commercializing women's sex and undermining sound sexual culture and good morals. The crime of this case is not easy in light of the circumstances and attitudes, etc. of the crime of this case.

However, in light of the fact that the defendant committed the crime of this case and against the mistake, the period of business is not long and the profit therefrom seems not to be significant, the primary offender is the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, and all of the conditions of sentencing as shown in the records and theories of changes, such as the circumstances after the crime of this case, etc., the punishment as ordered shall be determined.

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