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(영문) 서울북부지방법원 2018.04.26 2017고단2797
성매매알선등행위의처벌에관한법률위반(성매매)
Text

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

On July 13, 2017, the Defendant was sentenced to a suspended sentence of two years on July 21, 2017 by the Seoul Northern District Court for the crime of violation of the Act on the Punishment of Acts, such as the Mediation of Commercial Sex Acts, and the judgment was finalized on July 21, 2017.

On June 15, 2017, around 20:10, the Defendant received 100,000 won for sexual traffic from E, which came to come through “D”, a smartphone-making type, from around 308,00 in Seoul Special Metropolitan City, Nowon-gu, and engaged in sexual traffic once.

Summary of Evidence

1. A protocol concerning the interrogation of each police officer against the defendant or E;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes on field photographing photographs;

1. Article 21 (1) of the Act on the Punishment of Acts, such as Mediation, etc. of elective Commercial Sex Acts, concerning facts constituting an offense, and Article 21 of the same Act;

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

1. Articles 70(1) and 69(2) of the Criminal Act were repeatedly committed on the grounds of sentencing, and in particular, the instant crime was committed while criminal trials are pending due to the same crime.

However, considering the equity in cases where a judgment has been rendered concurrently with the offense of violation of the Act on the Punishment of Acts, such as brokerage, etc. of sexual traffic for which judgment has become final and conclusive, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, occupation, sex behavior, family relationship, circumstances before and after the crime.

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