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(영문) 서울남부지방법원 2017.03.31 2016고단6408
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 20, 2016, around 02:00, the Defendant received KRW 100,000 from the male who purchased the name in secret at D business places located in Yeongdeungpo-gu Seoul Metropolitan Government 2, and provided guidance to the room where E, a female employee of sexual traffic in the above business places, had male and E act of similarity with each other. From the end of August 2015 to September 20, 2016, the Defendant earned profits of KRW 19,705,476 in total by allowing male and female workers who paid KRW 70,00 from the above business places to engage in sexual intercourse or similar sexual intercourse.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. The police suspect examination report regarding E;

1. An investigation report (Attachment of a photo on the control site), investigation report (investigation into the details of card sales and the balance of the consolidated account);

1. Application of the Acts and subordinate statutes of one bankbook (No. 1) entered and withdrawn from the new bank that has been seized;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense, and Article 19 (2) 1 of the same Act and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. 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 the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (from June to January and April) of the types of sexual traffic crimes subject to the age of 19 or older and the mediation, etc. of sexual traffic (the mediation, etc. of sexual traffic by business, giving and receiving prices, etc.) (no person subject to special sentencing];

2. Determination of sentence (ten months of imprisonment, two years of suspended execution) (the act of arranging sexual traffic) is not easy in light of the fact that a woman’s sex is commercialized and thus undermining the sound sexual culture and good morals, etc., and that the period of business is relatively prolonged;

However, all of the defendant's crimes of this case are initiated.

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