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(영문) 서울북부지방법원 2014.10.15 2014고단1443
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From September 15, 2013 to May 7, 2014, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) operated the said E in the underground space of the building located in Gangnam-gu Seoul Metropolitan Government from around September 15, 2013 to around 04:00, with the facilities, such as one throwter room, seven going-off room, seven smuggling room for marina and two waiting rooms in the upper place of about 40 square meters, and with the condition that KRW 110,000 to KRW 10,000,000 for each commercial sex act shall be paid as a female, and around March 4, 2014, the Defendant provided the said E with the sexual sex acts as well as having the male customer and the sexual intercourse to find out the said female sex acts at the said place of business. The Defendant received the consideration for the sexual sex acts against the male customer.

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

2. The Defendant violated the School Health Act, for the same period as the foregoing, committed acts and facilities prohibited in the school environmental sanitation and cleanup zone, which were distance away from about 86.56 meters from G kindergarten and about 115.39 meters from H kindergarten, as seen above, at the school environmental sanitation and cleanup zone.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Application of statutes, such as site photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Articles 19 and 6 (1) 19 of the School Health Act, the selection of imprisonment with prison labor for an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic are against the defendant, and the business period and the size of profits in this case, the age, character and conduct, criminal records, environment, motive and circumstances of the crime, results of the crime, etc. shall be taken into consideration equally.

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