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(영문) 서울남부지방법원 2014.11.18 2014고단3409
성매매알선등행위의처벌에관한법률위반(성매매알선등)
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Defendant

A Imprisonment for eight months, Defendant B shall be punished by a fine of KRW 2,00,000, and Defendant C by a fine of KRW 1,000,00.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a sexual traffic business with the trade name, “Hmaz” from the third floor of Gangseo-gu Seoul Metropolitan Government.

At around 23:00 on July 28, 2014, the Defendant: (a) received 130,000 won as the price for sexual traffic from I who was found to be a customer; and (b) had C, who is a female employee of the said business, engaged in sexual intercourse with the said I at the 3rd room; and (c) had C perform sexual intercourse with the said I at the same time.

2. The Defendant 2 aided and abetted the act of arranging sexual traffic, etc. by facilitating the commission of the crime, such as preparing meals for the said A and female employees, cleaning and washing at the place of business, when and at the time and place indicated in the preceding paragraph, and arranging sexual traffic.

3. The Defendant C received 60,000 won per customer in consideration of sexual traffic from the business owner A, at the time, at the place, and from the business owner A, and engaged in sexual intercourse once with the above I at the 3 room.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol of suspect examination of the police officer regarding I;

1. Application of Acts and subordinate statutes on a real estate lease contract;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Defendant A who choose to impose imprisonment: Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Article 32 (1) of the Criminal Act, Defendant C selected to impose a fine: Article 21 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, etc., Selection of fine;

1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;

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

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

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (Defendant A);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (Defendant B and C);

1. Defendant A’s establishment of sexual traffic in this case.

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