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(영문) 서울중앙지방법원 2019.05.30 2019고단1830
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant provided five rooms and one toilet in Seoul Special Metropolitan City, Gwanak-gu, and operated a commercial sex acts business establishment under the trade name of "Cmamb shop". From September 1, 2018 to November 19, 2018, the Defendant: D (V, 58 years old) who was employed in advance by receiving KRW 80,000 in the price for sexual traffic from many unspecified male customers who found the place from September 1, 2018, and had them do the act of similarity by allowing them to see the sexual organ of the above male guest in his/her hand and to see himself/herself.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police suspect interrogation records concerning defendants and D;

1. A real estate lease contract;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports;

1. Articles 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense and Article 30 of the Criminal Act (Concurrent punishment of imprisonment and a fine under Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. Grounds for additional collection: The amount additionally collected pursuant to the latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic: 6,000,000 won that the defendant employed 4-5 female employees from early September 2018 to November 19, 2018 (1-2 employees per day) and received 80,000 won per day from sexual purchasers, and paid 40,000 won to female employees. Thus, even if the amount of profit is calculated based on the minimum amount of 40,00 won in favor of the defendant, a minimum of 7,00,000 won (=40,000 won per day x 2.5 of users x 70 days) shall be collected as additional collection recognized by the defendant and recognized by the prosecutor.

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

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of the recommended punishment according to the sentencing criteria (the determination of types) shall be the age of 19.19 years.

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