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(영문) 서울북부지방법원 2016.01.28 2015고단4107
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six 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 April 3, 2015 to May 20, 2015, and around October 22, 2015, the Defendant operated a marina shop on the 3rd floor in Gangnam-gu Seoul Metropolitan Government (Seoul Northernbuk-gu) and around October 22, 2015. The Defendant employed 6 smugglings in which intrusion was installed, 1,00,000 won per time from male customers under his/her name, who received 1,50,000 won per male customers and received 1,50,000 won per time from female employees and received 50,000 won per sex trafficking from the said payments to female employees.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. Suppression photographs;

1. Application of seizure records and statutes concerning the list of seizure;

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 stay of execution (preliminary consideration of the following grounds for sentencing):

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 Mediation, etc. of Additional Collection: Provided, That (1,500,000 won = Minimum six weeks of business period excluding the date of seizure on October 22, 2015, which is the date of seizure x the average number of customers per week ¡¿ five persons of average number of customers per week ¡¿ the share of Defendant per person);

1. The grounds for sentencing for sentencing under Article 334(1) of the Criminal Procedure Act / [type] The grounds for sentencing for sentencing under Article 334(1) of the Criminal Procedure Act / [the scope of recommending punishment / [the scope of recommending punishment / [the scope of business, payment, etc. of consideration] the main sentencing factors, Defendant’s age, sexual behavior, intelligence and environment, intelligence and environment, motive for committing an offense, the circumstances after committing an offense, etc., shall be considered in light of the positive circumstances, and the execution of imprisonment shall be suspended in particular, taking into account the positive circumstances into consideration.

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