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(영문) 서울남부지방법원 2017.06.21 2017고단987
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months and by a fine not exceeding five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person shall arrange, etc. sexual traffic for business purposes.

Nevertheless, from September 2016 to February 14, 2017, the Defendant: (a) provided four rooms installed in the “E Magazine” business establishment located on the first floor of the Defendant’s operation of the Gwanak-gu Seoul Special Metropolitan City D (Seoul Special Metropolitan City) and employed F, etc. as a female sexual traffic; and (b) provided 110,000 won against male customers, the Defendant had them receive 10,000 won from sexual traffic; and (c) had them engage in similar sexual intercourse by taking the sexual flag of an unspecified customer as hand and shaking under the above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer concerning G or F;

1. Police seizure records;

1. Application of statutes on site photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., concerning facts constituting an offense, and Article 19 (2) 1 of the same Act (generally, imprisonment with prison labor and fines pursuant to Article 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 suspended execution;

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

1. The former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

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

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of determination] and brokerage, etc. of sexual traffic crimes, such as brokerage, etc. of sexual traffic, (2) [the territory of recommendation and the scope of the recommended punishment] and the basic area of the recommendation [the scope of the recommended punishment], six months to one year and four months.

3. There is no reason for the suspension of execution [major reasons for the suspension of execution] (general reasons): Proactive social ties clear, serious reflection of social ties.

4. The act of arranging sexual traffic shall be classified into an illegal sexual traffic business establishment with the aim of preventing the spread of illegal sexual traffic business establishments and establishing a sound sexual culture, without significant social harm, such as harming the sound sexual culture and good morals by commercializing women's sex.

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