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(영문) 서울중앙지방법원 2015.01.21 2014고단9201
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding seven thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, at the first floor of Seocho-gu Seoul Metropolitan Government, operated 6 rooms equipped with bed and showering facilities, and operated C’s mutual sexual traffic business establishments, such as “C,” the Defendant advertised the above business establishments on the Internet “D,” and employed E, etc. as female employees.

On October 29, 2014, the Defendant committed an act of arranging commercial sex acts, etc. by the same method from September 26, 2014 to October 29, 2014, including arranging sexual traffic with female employees E, in the room of the said business, after receiving KRW 70,00 from male customers in the name of the above business place.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F and G;

1. Photographs of control site and advertising output;

1. Application of Acts and subordinate statutes on real estate lease agreement;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense, Article 30 of the Criminal Act;

1. Selection of an alternative sentence of imprisonment and the concurrent imposition of a fine (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

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

1. Type 2 (Mediation, etc. of Commercial Sex Acts due to Business Consideration, Receipt, etc.) (one year to three years) in the area of aggravation (one year to three years), such as advertisement activities or mediation by using high radio media, in the area of increase (one year to three years), such as brokerage, etc. of commercial sex acts subject to the age of 19 or older;

2. In addition, even though the Defendant had been sentenced to a fine of five million won at the Seoul Central District Court on September 26, 2014 at the same place as the business of arranging sexual traffic at the same time, he/she committed the instant crime and is punished concurrently by a fine to imprisonment with prison labor, and the Defendant does not violate his/her mistake and repeat his/her offense, and all other circumstances, such as the Defendant’s age, occupation, character and conduct, motive, scale and period of the crime, and circumstances before and after the crime.

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