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(영문) 서울남부지방법원 2017.12.08 2017고단5286
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding three million won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

From July 2017, the Defendant operated an officetel sexual traffic business establishment with the trade name of “F” with facilities, such as 302, B, B, and B, of the same building of Gangseo-gu Seoul Metropolitan Government, and 702, B, of the same building B, and with female employees D, E, etc.

On August 7, 2017, around 19:00, the Defendant waiting for female employees A, 302 of the building A, and arranged sexual traffic by allowing D, E, etc. to receive the payment of sexual traffic with the said D and sexual intercourse by receiving 90,00 won from H who reported and contacted public relations in the Internet site “G”, and allowing D, E, etc. to receive the payment of sexual traffic amounting to KRW 90,00 from July 1, 2017 to August 7, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer concerning D, H, E, or I;

1. A copy of a monthly tax contract for each officetel;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Article 19 (2) 1 of the Act on the Punishment of Acts, Including Mediation, etc. of elective Commercial Sex Acts, and Punishment of Punishment of Imprisonment and Punishment of Fines (Article 24 of the Act on the Punishment of Acts, such as Mediation, etc. of Commercial Sex Acts);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) and (2) of the Criminal Act on the stay of execution (The following extenuating circumstances shall be considered among the reasons for sentencing):

1. The act of arranging sexual traffic for the reason of sentencing under Article 334(1) of the Criminal Procedure Act requires to be strictly eradicated because of the lack of social harm, such as harming the sound sexual culture and good morals by commercializing women's sex. The defendant employed a number of sexual traffic women, advertised sexual traffic business establishments using the Internet site, rented a number of officetels, etc., and used them as a sexual traffic place, and thus, it is not good that the size of business is small, and the defendant's act of arranging sexual traffic is not good enough to commit the crime.

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