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(영문) 서울남부지방법원 2017.07.07 2017고단1238
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is an entrepreneur who runs a commercial sex trafficking business from November 2016 to February 27, 2017 with the trade name of "C" in the Guro-gu Seoul Metropolitan Government Building Nos. 301, 508, and 713.

Defendant from January 4, 2017 to around 20:53

1. From the end of 05:00 to the end of the instant officetel 301, around February 22, 2017: (a) around 508 to the instant officetel 17:00 to the end of February 22, 2017; (b) around February 16:30 to the end of February 27, 2017; and (c) around KRW 713 to the end of the instant officetel 80,000 through KRW 110,000,000 in cash from the male number of the sex buyers who reported and contacted the Internet advertisement, thereby arranging sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each lease agreement;

1. Application of each on-site photograph, text description, advertising photograph, and statutes;

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 (2) 1 of the same Act and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for calculation of the amount of additional collection after Article 25 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts: 400,000 won per share x 17 weeks during the period of business (from November 2016 to February 27, 2017) = 6,80,000 won [the expenses (such as building rents, taxes, public charges, various operating expenses, etc.) incurred by the defendant in the course of engaging in the act, such as arranging commercial sex acts are merely a method to consume money and valuables acquired in return for the act, such as arranging commercial sex acts, or to justify his/her act, and thus it shall not be deducted from the amount of additional collection];

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (from June to January and April) of the types of sexual traffic crimes subject to the age of 19 or older and the mediation, etc. of sexual traffic (the mediation, etc. of sexual traffic by business, giving and receiving prices, etc.) (no person subject to special sentencing];

2. The act of arranging sexual traffic to be declared shall be the act of commercializing female sex and making it sound.

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