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(영문) 서울중앙지방법원 2019.09.27 2019고단4863
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A Imprisonment with prison labor of six months and fines of five million won, and Defendant B shall be punished by a fine of three million won, respectively.

The Defendants are the defendants.

Reasons

Criminal facts

Defendant

A is the business owner of a hotel in the Gangnam-gu Seoul Metropolitan Government in reservation to engage in commercial sex acts. Defendant B is employed by Defendant A to play a role of guiding male customers to a hotel which is a commercial sex acts place. Defendants also advertised sexual sex acts as a commercial sex acts place from January 15, 2019 to February 8, 2019, and provided them with 3.50,00 won as the price for commercial sex acts to unspecified male customers who have been urged in advance to receive 350,000 won as the price for commercial sex acts from January 15, 2019 to receive 3.50,000 won and guide them to the hotel of Seoul Gangnam-gu Seoul Metropolitan Government, such as Seoul, Gangnam-gu C hotel, etc., and sent two women employed in advance to the above hotel to have sexual intercourse with the above male customers.

As a result, Defendants conspired to arrange sexual traffic for business purposes.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 19(2)1 of the Act on the Punishment of Acts of Arranging 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 of Arranging Sexual Traffic)

B. Defendant B: Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic; Article 30 of the Criminal Act; Selection of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62(1) and (2) of the Criminal Act (hereinafter referred to as the “contributable circumstances” among the reasons for sentencing);

1. Defendants of the provisional payment order: Defendant A with reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. The basic area that does not exist (the area of recommendations and the scope of recommendations) the scope of recommendations according to the sentencing guidelines (the determination of types), the mediation, etc. of sexual traffic (the type 2) due to the receipt, payment, etc. of business prices for sexual traffic, etc. (the scope of recommendations and recommendations): Six months to one year and four months;

2. Determination of sentence shall make the sex of a woman commercialized;

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