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(영문) 서울동부지방법원 2020.07.24 2020고단1432
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 04:50 on November 30, 2019, the Defendant: (a) provided the “C” business operated by the Defendant on the second floor in Gwangjin-gu, Seoul; (b) provided the customer D with the price of sexual traffic at KRW 90,000 as the price for sexual traffic; (c) provided the customer D with the second room in the said business; (d) provided the female female employees of the Thailand (E, E: E: E) with the price for sexual traffic; (e) provided the customer G with the said business after receiving KRW 100,00 won as the price for sexual traffic; and (e) provided the said business with the female employees of the Thailand (H and E: I); and (e) provided the female employees with a similar sexual intercourse at KRW 40,000 as the price for sexual traffic; and (e) led the female employees to engage in the sexual intercourse by leading the customer to his/

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each police suspect interrogation protocol of E and H:

1. Application of Acts and subordinate statutes to investigation reports (examination of calculation of additional collection charges);

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (referring to the occupation of brokerage of sexual traffic and universality) and the choice of imprisonment with prison labor for an offense;

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

1. Probation under Article 62-2 of the Criminal Act;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (see above investigation report);

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

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation types according to the sentencing guidelines (the determination of types) shall be limited to the sexual traffic crimes in which the age is at least 19;

(b) The basic area that does not include a brokerage, etc. for commercial sex acts (type 2), such as brokerage, etc. for commercial sex acts, in exchange for consideration, etc. (the area of recommendation and the scope of recommended punishment) and six months to one year and four months;

3. Determination of sentence: Determination of sentence: 8 months of imprisonment with prison labor, 2 years of suspended execution, and 2 years of sexual traffic, etc., are likely to undermine sound sexual culture and thus there exists a need for punishment accordingly, and the defendant operates a disqualified massage place.

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