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(영문) 인천지방법원 2016.07.04 2015고단7020 (2)
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment 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 1, 2015, the Defendant: (a) from around April 1, 2015, as a business owner operating a commercial sex business establishment under the trade name of Incheon Btel 206, 307, 406, 506, and 508, the Defendant: (b) controlled the profits by taking overall charge of arranging commercial sex acts; (c) from around April 1, 2015, D works as the head of the foregoing business establishment; (d) managed customer reservation receipt, guidance, and online sites for arranging commercial sex acts; and (e) from around June 17, 2015, E, as the head of the office, recruited to receive customer reservations, provide guidance, and clean up the said business establishment.

The Defendant, D, and E offered as above, as a matter of course, two male customers visiting a business establishment on July 21, 2015, to receive KRW 90,000 per man for commercial sex acts, and to pay KRW 50,000 among them to female employees. The Defendant and D, and E offered guidance to female employees F, as 206 officetels with female employees and 508 officetels with female employees, and arranged them to have sexual intercourse, respectively, from April 1, 2015 to July 21, 2015.

As a result, the defendant conspiredd with D and E for business purposes to arrange sexual traffic.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the examination of suspect of the police against D, E, G, or F;

1. All on-site photographs;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense, Article 30 of the Criminal Act, and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 48(1)1 of the Criminal Act for forfeiture, and Article 25 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts;

1. Article 25 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc. [Additional Imposition Charges of KRW 25,56,120 = Criminal Proceeds of KRW 25,743,120 (Investigation Records of KRW 550), Cash of KRW 187,00];

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

1. Sentencing Criteria: The area of increase in the brokerage of sexual traffic according to the business (one year to three years).

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