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(영문) 서울중앙지방법원 2016.01.22 2015고단7172
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 5,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On May 27, 2015, from around June 3, 2015 to around June 3, 2015, the Defendant operated a sexual traffic business establishment under the trade name, “C” in Seoul, Gangnam-gu Office 1524, and reported an advertisement on the Internet amusement information website to an unspecified male customer who received KRW 90,00 won from KRW 90,00 according to the course, and had the female employee, such as D, employed by the Defendant, use the said female employee’s sexual organ, and caused him/her to perform a similar sexual intercourse, such as taking into account the circumstances.

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

2. On August 15, 2015, from around September 9, 2015 to around September 9, 2015, the Defendant operated a sexual traffic business establishment with the trade name “E” in Seoul, Gangnam-gu Office 1229, and reported advertisements on the Internet amusement information website to an unspecified male customer who used to contact with him/her by receiving KRW 80,00 from KRW 80 to KRW 100,00 according to the course, and had the female employee, such as F, etc., employed by the Defendant, neglect the sexual organ of the said customer, and caused him/her to do a 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. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of each police suspect against D or F;

1. A protocol of seizure and a list of seizure;

1. Application of each statute on photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging, etc. Sex Acts concerning facts constituting an offense;

1. Selection of each sentence of imprisonment and the concurrent imposition of fines (Article 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.);

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

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging sexual traffic;

1. The Criminal Procedure Act of the Provisional Payment Order.

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