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(영문) 서울중앙지방법원 2016.05.27 2016고단558
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of seven million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From January 20, 2015 to September 7, 2015, the Defendant: (a) registered a business operator with D’s trade name in Gangnam-gu Seoul as “D; (b) operated a sexual traffic business establishment with 13 smuggling rooms, shower facilities, booms, etc.; (c) employs E (50 years of age), F (50 years of age), G (n, 40 years of age), etc. as employees; and (d) receives 100,000 to 120,000 won from male workers of the said business establishment as well as sexual intercourse at the said smuggling; and (e) has engaged in sexual intercourse, etc. in the business of arranging sexual traffic.

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 each police officer in relation to G or H;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 19 (2) 1 and Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (Concurrent Imposition of Imprisonment with prison labor and fines) concerning facts constituting an offense and Articles 19 (2) 1 and 24 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 stay of execution. Article 62 (1) of the same Act on the grounds for sentencing specified below;

1. Article 62-2 (1) of the Criminal Act on the community service order;

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 of Arranging sexual traffic;

1. Reasons for the sentencing of Article 334 (1) of the Criminal Procedure Act [the scope of recommendations] / [the grounds for the sentencing of Article 334 (1) of the Criminal Procedure Act / [the scope of recommendations] 2 types of sexual traffic crimes subject to 19 years of age or older, such as arranging sexual traffic, etc. (the brokerage, etc. of sexual traffic due to the business and the payment of consideration, etc.) / there is no person who is subject to special sentencing [the sentence] [the period of business is shorter than 0], and the period of business is less than 0,000,000 won for the same type of crime around June 2009, and there is a history of being sentenced to a fine of three million won due to the same type

It is so decided as per Disposition for the reasons above all of the sentencing conditions, such as the defendant's age, sex, family environment, and circumstances after the crime.

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