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(영문) 서울중앙지방법원 2016.04.01 2015고단4848
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by a fine of eight million won, by imprisonment with prison labor for six months and by a fine of five million won.

Reasons

Punishment of the crime

Defendant

A is a person who operates a commercial sex dealing business establishment of Gangnam-gu Dtel 416, 504, 510, and 516, and Defendant B is an employee of the foregoing business establishment.

On December 22, 2014, the Defendants received 100,000 won from a male with no knowledge of name at around 20:00, the Defendants conspired with the above sexual traffic business establishment to offer good faith with F, a female sexual traffic business establishment, as well as to offer good faith with F, a female sexual traffic business establishment. From November 22, 2014 to December 22, 2014, the Defendants conspired with the above business to arrange sexual traffic.

Summary of Evidence

1. Defendant B’s legal statement

1. Statement made by the defendant A in the first trial record;

1. The witness A’s legal statement (defendant B)

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. A protocol concerning the examination of each police officer concerning F, G, H, and I;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 19 (2) 1 and 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.; Article 30 of the Criminal Act (Concurrent Imposition of Imprisonment with prison labor and fines) concerning criminal facts;

1. Articles 70(1) and 69(2) of the Criminal Act, each of the Defendants’ detention in a workhouse

1. Article 62(1) of each Criminal Act, which provides a suspended sentence (for the defendants, taking into account the favorable reasons for sentencing as follows)

1. Article 62-2(1) of the Social Service Order Act (the Defendants)

1. The former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (Defendant A);

1. The punishment for an act of additional collection (defendant A) under Article 25 of the Act on the Punishment of Arrangement, etc. of Commercial Sex Acts: Provided, That collection shall be made in addition to 1,3420,000 won per share x 2 million won x 47 days (from November 6, 2014 to December 22, 2015) and less than 10,000 won per share);

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

1. Advertisement in the aggravated area (one year to three years) (one year) (special aggravated) advertisement in the area of increase (one year to three years), such as brokerage, etc. of sexual traffic in the crimes of sexual traffic subject to 19 years of age or older;

2. Specific sentencing.

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