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(영문) 서울서부지방법원 2017.09.29 2017고단1925
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

From April 10, 2017 to April 25, 2017, the Defendant operated a marina business with the trade name “C” from Seoul Mapo-gu Seoul Mapo-gu B and the third floor, and had female employees, such as D, engage in a similar act by putting a male customer’s sexual organ and receiving KRW 100,000 to KRW 170,00 from male customers in return for such similar act.

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. Application of statutes on site photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense (generally, selection of imprisonment with prison labor);

2. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable circumstances, etc. in consideration of the importance of sentencing):

3. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

4. The former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic.

5. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging sexual traffic.

6. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act in the case of the order of provisional payment.

1. Recommendation and sentence of the sentencing guidelines: Advertisement activities or brokerage activities using a medium with high propagation (one year to three years) in the aggravated area (one year), two types of sexual traffic crimes subject to age or older (one year to three years), such as brokerage, etc. of sexual traffic (referring to brokerage, etc. of sexual traffic by business, giving and receiving compensation, etc.).

1. Unfavorable circumstances: The defendant committed the instant crime even though he/she had the record of being suspended from indictment for the same kind of crime, and continues to commit the instant crime even though he/she controlled on April 17, 2017;

1. The favorable circumstances: The sentencing criteria set forth in Article 51 of the Criminal Act, such as the fact that the defendant misleads the defendant and reflects the fact that the business period is relatively short and the profit of the defendant is not much high, shall be taken into account (the sentencing criteria shall be set in consideration of the above favorable circumstances).

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