(영문) 서울남부지방법원 2017.01.17 2016고정2555

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(영문) 서울남부지방법원 2017.01.17 2016고정2555

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a sexual traffic business establishment under the trade name of the Gangseo-gu Seoul Metropolitan Government B and C.

On June 29, 2016, the Defendant received 120,000 won from D, which was found to be a guest at the above business establishment around 03:50 on June 29, 2016, and then arranged E to have D and sexual intercourse with his hand.

In addition, the Defendant arranged sexual traffic by the aforementioned method from May 3, 2016 to May 11, 2016 and from June 24, 2016 to June 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the examination of each police suspect with respect to E, D, F, G, or H;

1. Application of business registration certificate, monthly rent contract for commercial buildings, on-site photographs, C electricscopes, and statutes governing internal photographs;

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

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

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The act of arranging sexual traffic under Article 334(1) of the Criminal Procedure Act does not have a significant social hazard, such as harming the sound sexual culture and good morals by commercializing women's sex, and requires a simple and severe punishment to prevent the spread of illegal sexual traffic establishments, and to establish a sound sexual culture, and the Defendant continues to engage in business even after the control and recontrol, etc., the size of the instant sexual traffic establishments is small, the operation period of the instant sexual traffic establishments is not short, and the profits earned from the crime appears to be low, etc. are disadvantageous to the Defendant.

However, considering the favorable circumstances that the defendant repents and reflects the defendant's mistake, and that there is no record of punishment for the same kind of crime in addition to the one-time fine due to the crime, the defendant's age, sex, motive, means and result of the crime.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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