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(영문) 서울동부지방법원 2017.07.20 2017고단1583
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B is a person who operates a commercial sex acts business establishment "D" on the first floor of the building located in Gangdong-gu Seoul Metropolitan Government, and Defendant A is a person who has worked for the management office to receive commercial sex acts from customers and guide them to commercial sex acts, and Party B is an employee employed by Defendant B to receive a price and engage in commercial sex acts.

At around 23:30 on February 13, 2017, the Defendants conspired to find the place in the “D”, and caused the said E, an employee of the said business, to engage in a similar teaching act that may stimulates the F’s sexual organ by hand, thereby arranging sexual traffic, as well as arranging sexual traffic, from February 13, 2017 to February 13, 2017, the Defendants received 120,000 won from male customers under the name of the said E to receive 10,000 won one time from the price of sexual intercourse, and had the said E perform sexual intercourse.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of suspect examination of the police against E or F;

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, Article 19 of the Act on the Punishment of Acts of Arranging Sexual Traffic, and Article 30 of the Criminal Act (comprehensively, choice of each imprisonment with labor);

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of each community service order;

1. Review of the sentencing guidelines [the scope of the recommended punishment] 19 years of age or older and mediation of commercial sex acts, etc. for commercial sex acts subject to the age of 19 years or older and the basic area (such as mediation of commercial sex acts by business, receipt of consideration, etc.) (from June to April) of the basic area (any person subject to special sentencing) ;

2. Determination of the sentence as ordered by taking into account the circumstances following the determination of the sentence and other conditions of sentencing recorded in the records.

The Defendants committed the instant crime at the same place despite having the same record.

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