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(영문) 서울남부지방법원 2018.12.12 2018고단5228
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment with prison labor for not less than six months and by a fine not exceeding two million won.

When the defendant does not pay a fine.

Reasons

Punishment of the crime

The Defendant is a person who, from September 2, 2018, operates a sexual traffic business establishment under the trade name "C" in Gangseo-gu Seoul Metropolitan Government Btel 301, and mediates sexual traffic.

On September 15:55, 2018, the Defendant received KRW 90,00 in cash (40 minutes and once gender relations) from D from E to E to arrange to engage in sexual traffic by inserting the sex instruments of D and inserting them into his/her own sexual organ at a sexual traffic business establishment, which is called the above "C," around 15:55.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement of suspect interrogation of E in the police station;

1. Application of Acts and subordinate statutes on internal investigation reports (the status of collection of intelligence and field control);

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging, etc. sexual traffic concerning facts constituting an offense (a point of mediating sexual traffic for business purposes);

1. Imprisonment with prison labor and a fine (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic) concurrently;

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. 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. Circumstances disadvantageous to a sentence: Brokerage of commercial sex acts are detrimental to good morals by commercializing sex, and there are considerable social harm and injury, and the defendant, as his/her business, engages in the commercial sex acts, and the criminal liability is heavy;

The defendant's mistake is recognized as favorable circumstances.

There is no record that the defendant has been punished for the same crime.

In addition to the above circumstances, the method and business behavior of arranging sexual traffic in this case, and the defendant committed the crime in this case.

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