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(영문) 서울중앙지방법원 2015.04.03 2015고단817
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not less than eight 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

피고인은 서울 강남구 B 오피스텔 937호를 임차하여 ‘C’라는 상호의 성매매업소를 운영하면서, 인터넷 ‘섹밤’ 등에 위 업소를 광고하여, D 등을 여자종업원으로 고용하였다.

On December 18, 2014, the Defendant: (a) around 14:00, around 14:00, the Defendant engaged in the act of arranging sexual traffic with D by allowing the said 937 to receive pre-contract calls from customers and to enter the said 9:37; and (b) engaging in the act of arranging sexual traffic with D, from November 27, 2014 to December 18, 2014, by allowing female employees to receive KRW 100,000 from customers and to interfere with the sexual intercourse with them.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to photographs of control site, business advertisement screen pictures;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense;

1. Selection of an alternative sentence of imprisonment and the concurrent imposition of a fine (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Type 2 (Mediation, etc. of Commercial Sex Acts due to Business Consideration, Receipt, etc.) (one year to three years) in the area of aggravation (one year to three years), such as advertisement activities or mediation by using high radio media, in the area of increase (one year to three years), such as brokerage, etc. of commercial sex acts subject to the age of 19 or older;

2. Although the specific reasons for sentencing are the primary offenders and the errors are divided, according to the advertisement of this case, it appears that the size of business has not been small according to the advertisement, and the punishment is determined as ordered for the same reasons, in consideration of the defendant's age, occupation, character and conduct, size and period of business and circumstances before and after the crime.

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