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(영문) 서울북부지방법원 2015.03.25 2014고단4617
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant, while operating the business place of commercial sex acts with the trade name “C” in Gangnam-gu Seoul Metropolitan Government Btel 1505, operated the said business place on the Internet “D” website, etc., had female employees employ E, etc. on the condition that 90,000 won out of the price for commercial sex acts received by each customer shall be paid to him/her, and the Defendant, around October 15, 2014, allowed E to have sexual intercourse with a male guest on his/her name in the said officetel and a single sexual intercourse with a female guest on the said officetel. From October 7, 2014 to 20:20 of the same month, the Defendant received the price.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. E written statements;

1. Investigation reports (Attachment of On-the-spot control photographs), field control photographs, and investigation reports (calculated additionally);

1. Application of each existing Act and subordinate statutes on two cell phones (No. 1 and 2) seized mobile phones;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the punishment (compacting imprisonment with prison labor, with prison labor),

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

1. Article 48 (1) 1 of the Criminal Act (Evidence 1 and 2);

1. Criteria for sentencing reasons for the latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (the amount additionally collected, KRW 1,600,00), [the scope of the punishment] / [the scope of the punishment of recommendations] / The aggravated area (one year or three years of imprisonment] - A person under special circumstances: A person under special circumstances is first among the major general sentencing factors under the decision of the sentence of mediation by using a medium with high propagation or propagation, taking into account the fact that the short-term business or the amount of profit is minor, especially the first crime, reflective business size (one office, one employee engaged in sexual traffic), business period (one short-term period), and criminal proceeds (one,60,000 won per day) / The amount of punishment shall be limited to nine days);

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