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(영문) 서울중앙지방법원 2016.08.12 2016고단3434
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

Defendant shall be punished by imprisonment for a year and fine of KRW 5,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From September 3, 2015 to May 25, 2016, the Defendant advertised sexual traffic business places on the Internet sites, such as Seocho-gu Seoul Metropolitan Government Ftel 402, 403, 1118, 1310, and 1310, with the trade name “G”, “H”, “I”, “J”, and “K”, and directed male customers, including L, one-day M, N, etc., waiting in an officetel, who reported the advertisement to the said officetel, and led them to interfere with the act of interfering with sexual traffic with male guests by receiving KRW 80,00 to 110,00 from male guests.

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 examination of the police concerning L;

1. Each protocol of seizure and the list of seizure;

1. An investigation report (an advertisement posted by the person under investigation on the Internet site "H");

1. Application of statutes governing field control photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective Commercial Sex Acts, and Article 24 of the Act on the Punishment of Imprisonment and Punishment of Fines (Article 24 of the Act on the Punishment of Acts, such as

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. Article 48 (1) 1 of the Criminal Act, the former part of Article 25 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts, Etc.;

1. The latter part of Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection [Additional Collection Charges 2,1360,00 won = The number of average customers per day x 4 x 178 days per business day (excluding weekends ( Saturdays, Sundays), holidays, 87 days on which no female employee was available for a business period 266 days) x the minimum profits of the defendant per customer 30,00 won per customer];

1. The grounds for sentencing under Article 334 (1) of the Criminal Procedure Act (the scope of recommendations) of the Criminal Procedure Act for the order of provisional payment [the grounds for sentencing] 2 types of sexual traffic crimes subject to 19 years of age or older, mediation of sexual traffic, etc. (the brokerage, etc. of sexual traffic by business, receipt of prices, etc.).

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