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(영문) 서울동부지방법원 2016.12.15 2016고단3569
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
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

1. The Defendant violates the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the act of arranging commercial sex acts, etc.) is a person who operates commercial sex acts with the trade name of Seongdong-gu Seoul Metropolitan Government Btel 907 and 1004.

The Defendant: (a) from May 8, 2016 to July 1, 2016, kept the instant officetel for the leased studio, the Red Sea, and the water shoot necessary for sexual relations; (b) received KRW 150,00 from many unspecified male customers who reported and contacted the advertisement as described in paragraph (2) and had them sexual intercourse with D (E) and F (Ga name:G), etc.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. From May 8, 2016 to July 1, 2016, the Defendant posted a notice on the Internet website called “H”, “I”, “J”, and “K” with the content of “C, non-free price-exchangeed discount business, and strawing services,” under the title of “C,” “A, A, and A, 60 minutes of members of B, 200,000 won, B, 90 minutes of members of C, and 120 minutes of members of C, 250,00 won,” respectively.

Accordingly, the defendant advertised a business place where sexual traffic or arrangement of commercial sex acts is conducted.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the examination of each police suspect against F, M, D, or N;

1. Investigation report (hereinafter referred to as “C”), advertising results, and H advertising contents;

1. Investigation reports (Re-determination of profits and losses from sexual traffic);

1. Application of Acts and subordinate statutes to photographs by cutting off on-site photographs and smartphone screen pictures;

1. Relevant Articles 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, the Punishment of Acts of Arranging Sexual Traffic, Article 20 (1) 2 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Imprisonment with labor for the crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The act of arranging sexual traffic additionally;

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