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(영문) 대구지방법원 2016.05.10 2016고단1132

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

1. The defendant A shall be punished by imprisonment for six months, and the defendant B shall be punished by a fine of KRW 1,500,000.

2. Defendant B is the above fine.

Reasons

Punishment of the crime

Defendant

A operated a sexual traffic business establishment under the trade name of "D" in Daegu Jung-gu, and Defendant B was an employee working in the above business establishment and became aware of sexual traffic in return for money from male customers.

On October 26, 2015, the Defendants received 100,000 won as the price for sexual traffic from a non-specific male in the above businesses around 21:50 on October 26, 2015, and caused E, a female employee, to do the act of similarity by causing circumstances after having the said female employee cut off the sexual organ of the said male, and let them do the act of similarity. From August 2015 to October 26, 2015, the Defendants received the price for sexual traffic of KRW 100,00 to KRW 120,00 per time from the unspecified number of male customers in the above businesses, and had female employees teach sexual intercourse or similar sexual intercourse.

As a result, Defendants conspired to act as a broker for commercial sex acts.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (calculated criminal proceeds);

1. Article 19 (2) 1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic concerning facts constituting an offense, Article 30 of the Criminal Act;

1. Selection of punishment;

A. Defendant A: Imprisonment with prison labor;

B. Defendant B: Selection of fine

1. Defendant B detained in a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A: The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Defendant B who ordered provisional payment: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Defendant A

(a) The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area of the brokerage of sexual traffic by the business (6 months to 1 year and 4 months) (no person who is subject to special sentencing];

(b) taken into account normal - favorable circumstances: radius - the degree of participation in the crime committed by the owner of the business, and 14 times the criminal punishment for the crime of the mobile species, including the previous convictions for the same kind of suspended execution;

2. Defendant B - The favorable circumstances: reflect;