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(영문) 서울북부지방법원 2015.10.29 2015고단2971
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

The Defendant is operating sexual traffic business establishments with the trade name "C" in the Seoul Jung-gu B underground.

The Defendant: (a) installed six rooms of approximately 1 square size with shower facilities, simplified beds, and red illuminations at the above business establishment; (b) employed female employees D and E, etc.; (c) arranged male customers to receive KRW 80,000 won as a chemical stand from male customers on April 14, 2015 and to have female employees and once sexual intercourse with each other; and (d) assisted the Defendant to receive KRW 8-100,000 from male customers and to April 20, 2015 by the above method as well as arranging them to have sexual intercourse with female employees.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police suspect interrogation protocol regarding D;

1. Application of C photographics, business books, part of investigation reports, and Acts and subordinate statutes to the Acts and subordinate statutes;

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 on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic [4,320,000 won = nine months (calculated in favor of the defendant) ¡¿ 30 days per month ¡¿ average income of 16,00 won per day (excluding shares of employees);

1. The basis for sentencing for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [type] The basis for sentencing for the sentencing of the punishment under Article 334(1) of the Criminal Procedure Act / [the scope of recommending punishment / [the brokerage, etc. of commercial sex acts by taking advantage of the main sentencing factors, such as the motive, method, age, character and behavior of the defendant, character and living environment, etc., the execution of imprisonment shall be suspended in consideration of the principal sentencing factors and the criminal motive, method of the crime, age, personality and behavior of the defendant, and all other sentencing conditions, such as living environment, shall be deemed to have resulted in the crime without any suspicion of illegal business for raising two North Korean defectors who have lost their husbands and one child who has left their husbands in North Korea.

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