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(영문) 서울남부지방법원 2019.05.08 2018고단5126
성매매알선등행위의처벌에관한법률위반(성매매)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 08:28 on March 24, 2018, the Defendant: (a) connected to “B” of the Gangseo-gu Seoul Metropolitan Government Gangseo-gu Francing Scam, thereby having contacted C (the age of 23) (the age of 24), which offers a letter of self-introduction, “24, 180,000 won, 180,000 won, ice, ice, ice, and scambing, and the need for width,” thereby promising C (the age of 23) to have sexual intercourse at a 180,00 won in return for sexual intercourse; (b) around 09:00 on the same day, the Defendant engaged in sexual intercourse over C and two occasions at the Defendant’s residence in Yangcheon-gu Seoul Metropolitan Government D.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), taken pictures and photographs using his cellular phone (galtho) functions as a camera in his cellular phone to put the Defendant into the Defendant’s sexual organ in the state of the said victim C (n, 23 years of age) at the time and place specified in paragraph (1

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Article 21(1) of the Act on the Punishment of Acts of Arranging Sexual Crimes, Etc. (the occupation of sexual trade and the choice of imprisonment), Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Where a conviction becomes final and conclusive with respect to a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Cameras, etc.) in the judgment to file for the registration and submission of personal information under Article 48 (1) 1 of the Criminal Act, the accused shall be

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