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(영문) 서울중앙지방법원 2016.06.10 2016고단2522
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for one year and a fine of 6,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant: (a) rented 420 of Seocho-gu Seoul Metropolitan Government Ctel 420 and 610 of the Gu Dtel 610, operated a commercial entertainment business establishment; (b) advertised the said business establishment on the Internet site, such as “F”, “G”, etc.; (c) reported the advertisement around April 19, 2016 to the above 610; and (d) provided 140,000 won in cash from a male guest who found the said place as “1,50,000 won,” but received a payment of clerical error as “1,50,000 won,” and arranged for commercial sex acts from around February 10, 2016 to April 20, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

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

1. Application of the Acts and subordinate statutes governing enforcement photographs;

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. 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 latter part of Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection [Attachment 7,600,000 won = (70 days of business x 70 days x average number of customers per day x 3 x 40,000 won excluding the amount paid to the women engaged in sexual traffic in terms of sexual traffic];

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of recommendations] / [the grounds for sentencing under 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 (the brokerage, etc. of sexual traffic due to business operations, payment, etc. of prices).

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