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(영문) 서울중앙지방법원 2016.08.24 2016고단3609
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not more than four 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

[criminal records] On December 18, 2015, the Defendant was sentenced to 6 months of imprisonment and 5 million won of fine at the Seoul Central District Court on March 26, 2016 due to a violation of the Act on the Punishment of Acts, Including Intermediating, etc. of Commercial Sex Acts.

[2] The Defendant, from around December 11, 2015 to December 15, 2015, operated a studio 5 and a camera in the third floor of the building in Gwanak-gu in Seoul Special Metropolitan City, and advertised business places on the Internet site, such as “E,” and reported the advertisement to and contacted with male customers such as “F,” and let female employees, including G, do sexual intercourse with 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 suspects of G to the prosecution;

1. A protocol concerning the examination of each police officer concerning G or F;

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

1. Photographs, such as the scene of crime;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (A's judgment and report accompanied by a summary order), judgment (Seoul Central District Court 2015 order, 6485 order), reporting of the previous convictions in disposition, and reporting of the results of confirmation under statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective Commercial Sex Acts, and Article 24 of the Act on the Punishment of Imprisonment and Punishment of Fines (Article 24 of the Act on the Punishment of Acts, such as

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Article 48 (1) 1 of the Criminal Act, the former part of Article 25 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc.;

1. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment appears to be favorable in view of the fact that the defendant led to the confession of and his attitude to reflect his depth on the crime, and in particular, there are criminal records of the same kind.

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