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(영문) 서울남부지방법원 2015.07.01 2015고단1881
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of seven hundred thousand won, and Defendant C shall be punished by imprisonment for six months.

except that this shall not apply.

Reasons

Punishment of the crime

1. Defendant C is the owner of “F” in Gangseo-gu Seoul Metropolitan Government, and Defendant A, as an employee of the above establishment, served as the employer of the above establishment, providing guidance to the customer at a fee and managing the above establishment.

At around 21:00 on January 22, 2015, Defendants employed 8 marina rooms, one waiting room for employees, and one kitchen, etc. at the immediately preceding business establishment, and had male grandchildren receive KRW 130,00 won from G and let B do sexual intercourse with G, thereby engaging in sexual intercourse with G.

2. Violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (sexual traffic) Defendant B provided that he would receive 60,000 won at the date and place of the above paragraph (1) and provided sexual intercourse with G that he had sexual intercourse.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's protocol of examination of the accused A and C by the prosecution;

1. Application of the police interrogation protocol to G

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A and C: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act, and the choice of imprisonment with labor

(b) Defendant B: Article 21(1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, and the choice of a fine (see, e.g., no previous convictions);

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A and C: Article 62 (1) of the Criminal Act;

1. Defendant C: Grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Defendant A [Scope of Recommendation] The basic area (6 to 1 year and 4 months), the basic area (6-1 year and 4 months), such as brokerage, etc. of commercial sex acts subject to 19 years of age or older, of the second category (mediation, etc. of commercial sex acts due to business consideration, giving and receiving, etc.) [Determination of sentence] is contrary to the Defendant, the Defendant is in the same criminal record (a fine of 30 million won), the Defendant’s age, character and conduct, and after committing the crime.

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