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(영문) 서울남부지방법원 2017.01.11 2016고정2539
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a business owner who operates a sexual traffic business in the name of "C" on the third floor of the Gangseo-gu Seoul Metropolitan Government B building and has found in the above business place in order to allow unspecified male customers to engage in sexual traffic.

On July 6, 2016, the Defendant: (a) received 200,000 won from D, E, a male grandchild, who was found in the above business establishment on July 6, 2016, as the price for sexual traffic; (b) had F, a female employee, conduct sexual intercourse with D; and (c) had G, a female employee, conduct sexual intercourse with E at the guest room No. 5 of the above business establishment; and (d) had G, a female employee, conduct sexual intercourse with E, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to F, D, E, or G;

1. Application of statutes on site photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation, etc. of Selective Commercial Sex Acts, concerning facts constituting an offense and Article 19 (2) 1 of the Act on the Punishment of Acts, Etc.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of arranging sexual traffic for the reason of sentencing under Article 334(1) of the Criminal Procedure Act does not have a significant social hazard, such as harming the sound sexual culture and good morals by commercializing women's sex, and it is necessary to severely punish the proprietor of an illegal sexual traffic business establishment in order to prevent the spread of the illegal sexual traffic business establishment and to establish a sound sexual culture. However, the nature of the crime is not less severe, in light of the fact that there is no evidence of criminal punishment except for the Defendant who led to the instant crime, the Defendant’s confession and reflect against the instant crime, the fact that there is no evidence of criminal punishment except for the punishment sentenced once prior to the punishment of a minor fine, the period of the crime is relatively relatively short, the fact that the health condition is not good, such as the act of arranging sexual traffic for the reason of sentencing on April 2012 after undergoing a simplified surgery with a cell cancer and undergoing a long-term treatment, and the fact that the sentencing conditions indicated in the records and changes theories are determined as ordered.

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