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(영문) 광주지방법원 2017.12.22 2017고단4843
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

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

2.Provided, That the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) leased the Seo-gu Macel in Seo-gu, Gwangju; (b) publicizeds that he is a commercial sex business establishment through Internet website D; and (c) operated a commercial sex trafficking business establishment, which employs women of Russian nationality, including E and F, and Kazakhstan, with the intent of having the said female employees engage in commercial sex trafficking against customers who find the business establishment.

From January 12, 2017 to February 6, 2017, the Defendant received 150,000 won from his/her nameless customers in return for sexual intercourse from his/her nameless customers and provided guidance to the relevant heading room, and then, the said female employees had their sexual intercourse with their customers.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to investigation reports (on-site photographs and promotional images) and investigation reports (referring to the analysis of Handphones used by suspect A);

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 and Article 19 (2) 1 of the Act on the Punishment of Acts, Etc. of Arranging Punishment

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The latter part of Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection [where several persons in charge of the calculation of the amount of additional collection jointly engage in an act, such as brokerage, etc. of sexual traffic, if it is impossible to confiscate the money, goods and other property acquired from such act, the value of the profits actually acquired by each accomplice shall be additionally collected (see Supreme Court Decision 2009Do2223, May 14, 2009, etc.). 7,920,000 won / 99 times in total number of sexual traffics x 150,000 won in daily income x 89 times in total among employees E) x 150,000 won in consideration of the reason for sentencing.

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