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(영문) 서울남부지방법원 2017.07.07 2016고단3064
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person who operates a "C" entertainment center in Gangseo-gu Seoul Metropolitan Government.

around 23:40 on August 10, 2015, the Defendant received KRW 1.60,000 per cash from D, E, a male customer, and arranged sexual traffic with F, G, and that the said female employees would in advance cause the said female employees to have sexual intercourse with the said female employees, and then, said female employees would have sexual intercourse with the said female employees.

As such, the Defendant committed acts such as arranging sexual traffic for business purposes.

Summary of Evidence

1. The defendant's oral statement in the first trial record;

1. A protocol concerning the interrogation of each police suspect against F, G, D, or E;

1. Application of Acts and subordinate statutes governing 10,00 won in seized Bank of Korea notes (No. 3), 50,000 won in Bank of Korea notes (No. 4) and 6,000 won in Bank of Korea notes;

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 same Act and selection of imprisonment;

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. Grounds for sentencing in the former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (from June to January and April) of the types of sexual traffic crimes subject to the age of 19 or older and the mediation, etc. of sexual traffic (the mediation, etc. of sexual traffic by business, giving and receiving prices, etc.) (no person subject to special sentencing];

2. The act of arranging sexual traffic with a certain amount of social harm, such as harming the sound sexual culture and good morals by commercializing women's sex, and thus requires strict punishment, and considering the fact that the Defendant committed an offense in violation of the Act on the Punishment of Acts, such as Arranging Sexual Traffic, at the Seoul Southern District Court on February 7, 2013, even though he had a record of being punished by a fine of three million won, it is not that the Defendant's responsibility for the offense is somewhat less.

However, the defendant's intention to commit the crime of this case reflects his wrongness, except for the previous conviction.

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