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(영문) 서울남부지방법원 2017.11.22 2017고단4453
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

Punishment of the crime

From May 10, 2017 to June 14, 2017, the Defendant: (a) leased (721) a building C in the vicinity of Guro-gu Seoul Metropolitan Government, and (b) operated a sexual traffic business establishment with the trade name called “E” by employing a female engaged in sexual traffic, such as D; (c) around June 14, 2017, the Defendant provided that, during the foregoing period, the Defendant received KRW 100,000 from the male guest F who reported and contacted the above business establishment’s publicity, and arranged the said D to receive the price of KRW 100,000 from the male guest F, and provided that, during the said period, the Defendant received the price of KRW 100,000 from the male guest with sexual traffic, female and sexual intercourse.

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 D or F;

1. A report on internal investigation (the details of receipt of intelligence);

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., concerning facts constituting an offense, and Article 19 (2) 1 of the same Act (generally, selection of imprisonment with prison labor);

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

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

1. Grounds for sentencing after Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection of Sex Acts;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of determination] and brokerage, etc. of sexual traffic crimes, such as brokerage, etc. of sexual traffic, (2) [the territory of recommendation and the scope of the recommended punishment] and the basic area of the recommendation [the scope of the recommended punishment], six months to one year and four months.

3. Grounds for a suspended sentence [major reasons for consideration] positive reasons for a suspended sentence: There is no history of criminal punishment (general grounds for consideration): Social relation clear and serious reflectivity.

4. Determination of a sentence of sexual traffic is not so likely to undermine the sound sexual culture and good morals of women by commercializing their sex, and it is necessary to severely punish a business owner operating illegal sexual traffic establishments in order to prevent the spread of illegal sexual traffic establishments and to establish a sound sexual culture, and the defendant.

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