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(영문) 서울중앙지방법원 2017.01.18 2016고단4930
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 5,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From the end of April 2016 to June 27, 2016, the Defendant equipped with 6 room at the first floor of the building located in Gangnam-gu Seoul Metropolitan Government, one room for the female waiting room for sexual traffic, advertised sexual traffic business establishments with the trade name "F," such as "D," "E," etc., the Internet site," and directed male customers of sexual traffic, such as "G," upon receiving KRW 40,00 to 60,000 from male customers who reported the advertisement, and led male customers to do sexual intercourse similar to male customers.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against H, I, and J;

1. A protocol of seizure and a list of seizure;

1. F-affiliated photographs of the closure of a business establishment and F-affiliated shacks of the Internet advertisement;

1. Application of the Acts and subordinate statutes to photograph the skin's cell phone closure and photographics of places of business;

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

1. Selection of a sentence of imprisonment with prison labor and the concurrent imposition of fines (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The latter part of Article 25 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc. [Additional Imposition 9,00,000 won = (20 won per day average customer x 20 won per customer x minimum of 15,000 won per customer x actual number of business days x 30 days), criminal proceeds up to May 30, 2016, the first control day, and criminal proceeds up to June 27, 2016, the second control day, shall not be collected separately because there is no specific data to do so];

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendant first recognized the crime from the beginning, and reflects it. The fact that there was no previous conviction in the same kind of crime or in the same ten-year period is considered in favor of the police, and that it was controlled by the police.

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