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(영문) 서울남부지방법원 2016.09.23 2016고단3274
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From March 1, 2016 to June 23, 2016, Defendant A had six rooms at a three-story store of approximately 165 square meters from the Gangseo-gu Seoul Metropolitan Government building C, and operated a marina business establishment where sexual traffic between “D” is possible, employing female employees, such as B, and employing female employees.

Around 02:00 on June 23, 2016, the Defendant received 130,000 won as compensation for sexual traffic from customers E (the same day’s sex purchaser education program is a conditional suspension of indictment) who found the above shop, and provided guidance to the above E, and had the above B do sexual intercourse with E at all times, thereby arranging sexual traffic.

2. On June 23, 2016, Defendant B, at the place indicated in paragraph (1) around 02:00, provided that the Defendant received 70,000 won for sexual traffic from the said A, and provided sexual intercourse with E, a man who has found his/her place of payment, and engaged in sexual intercourse once.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspects of E;

1. Application of statutes on site photographs and lease agreements;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 19(2)1 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc. (the choice of imprisonment);

(b) Defendant B: Article 21(1) of the Act on the Punishment of Acts, Including Mediation, etc. of Commercial Sex Acts (Selection of Imprisonment);

1. Defendants on probation: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing as set forth below);

1. Defendants of the community service order: Article 62-2 of the Criminal Act;

1. Defendant A: Article 25 of the Act on the Punishment of Acts, such as Arranging sexual traffic;

1. Defendant A with a provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Defendant A

(a) The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (one month to one year and four months) of the two types of sexual traffic crimes subject to age 19 or older and the brokerage, etc. of sexual traffic (the brokerage, etc. of sexual traffic by business, giving and receiving prices, etc.) (no person subject to special sentencing];

(b)the act of arranging sexual traffic to be declared shall be sound by commercializing women's sex;

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