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(영문) 서울북부지방법원 2020.06.19 2020고단1087
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operated a sexual traffic business with the trade name “C” in Nowon-gu, Seoul.

From July 2, 2019 to October 20, 2019, the Defendant had facilities, such as 20:00, 4 marina rooms, 1 shower rooms, etc., and received 10,000 won from many and unspecified male customers who found such facilities in return for sexual traffic, and arranged D, E, etc., who are female employees of the motherland, to have sexual intercourse similar to the above male guests.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E or D;

1. Investigation report (Calculation of profits from the sexual traffic);

1. Records of seizure and the list of seizure;

1. Application of business place photographs and advertising photographs and Acts and subordinate statutes governing sexual traffic;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Imprisonment with labor concerning facts constituting an offense;

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

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

1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, assisted commercial sex acts for business purposes, and employed foreign women illegally staying in the process of doing so.

Considering the scale and period of arrangement of commercial sex acts, the number of workers employed illegally, and the defendant's use of high media of advertising and dissemination, the crime is not good.

On February 23, 2018, the Defendant continued to operate his business even though he was punished by a fine for the same kind of crime.

However, considering favorable circumstances, such as the fact that the defendant recognizes each crime, commits a mistake, and the fact that the defendant works as an electrical and electronic equipment installation engineer and does not repeat a crime, the defendant's age, character and behavior, environment, circumstances after the crime, etc., and the sentencing shown in the arguments and records, such as the circumstances after the crime.

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