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(영문) 서울중앙지방법원 2015.11.27 2015고단5631
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for six months and a fine for 4,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who operates a sexual traffic business establishment in Seocho-gu Seoul Metropolitan Government 815.

At around 20:00 on August 25, 2015, the Defendant received KRW 1.50,00 from C at the above sexual traffic business establishment, and arranged to communicate with D, a female sexual traffic in the above business establishment with sexual intercourse, as seen above, from July 2015 to August 25, 2015.

Summary of Evidence

1. Defendant's legal statement;

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

1. Seizure records;

1. Application of statutes governing field control photographs;

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

1. Selection of an alternative sentence of imprisonment and the concurrent imposition of a fine (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 to attract a workhouse;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The amount additionally collected under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic: From August 1, 2015 to the 15th day of the same month, 5,000,000 won (=2.5 days a day x average of 25,000 won x 25 days a day excluding the amount paid to employees x 25 days) and reasons for sentencing (an examination protocol of a prosecutor against the accused);

1. The basic area (six months to one year and four months) of the sentencing criteria [the scope of recommendations] and the basic area (six months to one year and four months) of the types of sexual traffic crimes subject to age 19 or older, including brokerage, etc. of sexual traffic;

2. The Defendant, who was sentenced to a sentence, committed the instant arrangement of commercial sex acts as a business owner even before the same kind of fine and once a fine is imposed, so there is a need for the corresponding punishment.

In addition, the defendant's age, occupation, character and conduct, size and period of business, circumstances after the crime, etc. are considered.

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