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(영문) 서울남부지방법원 2017.03.31 2016고단5736
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A shall be punished by imprisonment of 8 months and fine of 3 million won, by imprisonment of 10 months and fine of 5 million won, respectively.

Reasons

Criminal facts

C is a business owner of the trade name "E" in Gangseo-gu Seoul Metropolitan Government D and D, and the Defendants and F are the so-called "head of office" in charge of the advertisement of the said business establishment, the reservation of customers, the amount of payment, the management of sexual traffic, etc. under the direction of C who was detained on May 13, 2016 while operating the said business, and G and H are employees in charge of advertisement of the said business establishment, the reservation of customers, the amount of payment, and the management of sexual traffic women.

On May 30, 2016, the Defendants, in collusion with F, C, G, and H in the same manner, committed an act of arranging sexual traffic from April 2016 to May 30 of the same year, in collusion with F, C, G, and H in order to receive KRW 40,00 from the nameless male customers who found the above business at around 14:11, the Defendants received 40,000 won as the price for sexual traffic, and let female employees I enter the said business with his/her hand and her sexual organ, and made it an act of arranging sexual traffic.

Summary of Evidence

1. The defendants' statements in the first public trial protocol

1. Part concerning the statement of F in the protocol of interrogation of the suspect of H, and the protocol of interrogation of the suspect of the prosecution concerning the defendant B and F, and part concerning the statement of F in the protocol of interrogation of the suspect of the prosecution concerning the defendant A, B and F, and C;

1. Each protocol concerning the examination of police officers against G, J, KL, I, and M;

1. Police seizure records;

1. Application of the Act and subordinate statutes on site photographs, publicity site photographs, and field control photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation, etc. of Sexual Traffic, Article 30 of the Criminal Act, choice of imprisonment, and the concurrent imposition of fines (Article 24 of the Act on the Punishment of Acts, Including Mediation, etc. of Sexual Traffic);

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Article 62 (1) of the Criminal Act for a suspended sentence (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Defendant A with the reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) in each order of provisional payment;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the brokerage, etc. of sexual traffic crimes subject to the age of 19 or more;

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