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(영문) 서울북부지방법원 2015.05.21 2015고단643
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

When the Defendant operates a commercial sex business establishment under the trade name "C" in Dongdaemun-gu Seoul Metropolitan Government B apartment 406, the Defendant recruited D, etc. as female employees on the condition that he/she would pay 100,000 won, out of 1.50,000 won per customer, after soliciting customers through the Internet advertisement, and allowed D to receive the price from male customers on his/her name and sexual intercourse at the above business establishment around October 23, 2014, and from August 24, 2014 to October 23, 201 of the same year, the Defendant had female employees provide sexual intercourse with male customers and received the price.

Accordingly, the defendant committed commercial sex acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Investigation report (at the time of field control, photographics, and the promotional source of Internet site business places), phenomena photographs, and Internet advertising outputs;

1. Application of Acts and subordinate statutes to investigation reports (examination of calculation of additional collection charges);

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

1. Article 62 (1) of the Criminal Act;

1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic [the amount additionally collected 2,500,000 = two months ¡¿ 25 days per month ¡¿ 1 person who has purchased sexual intercourse on a day ¡¿ 150,000 won x the amount paid to female workers engaged in sexual traffic];

1. The basis for sentencing for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [type] / [the scope of recommendation punishment] / the aggravated area (one to three years in imprisonment) (referring to the mediation of commercial sex acts by business or giving and receiving, etc.) / The aggravated area (one to three years in imprisonment) - The person under special relationship is the first offender who has determined a sentence beyond the scope of recommendation punishment in consideration of the principal sentencing factors and all other conditions of sentencing under the decision of mediation sentence by using advertisements or a medium with high radio wave.

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