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(영문) 의정부지방법원 고양지원 2019.10.25 2019고단2195

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

No one shall mediate to perform any act of similar intercourse using part of the body, such as sexual intercourse, mouth, etc., or implements, in return for receiving or promising to receive money, valuables or other property benefits from unspecified persons.

From November 10, 2018 to March 27, 2019, the Defendant, while operating a commercial sex business establishment with the trade name “C” in Paju City from November 10 to March 27, 2019, employed three persons, including D (D, female, 38 years old), etc. of the nationality of the Thailand as a female sexual traffic, received 130,000 won as the price for sexual traffic from the guest who has found the said business establishment, and had the said female sexual intercourse with the said female sexual traffic or similar sexual intercourse.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of statutes on site photographs;

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

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, and Article 48 (1) 1 of the Criminal Act;

1. Grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (2.50,000 won has been confiscated at the time of detection of the crime of this case, and such confiscation shall be deducted from the amount additionally collected);

1. Scope of punishment by law: One month to seven years;

2. The scope of recommendation types according to the sentencing guidelines (the determination of types) shall be limited to the sexual traffic crimes in which the age is at least 19;

(b) The basic area of brokerage, etc. for commercial sex acts (Type 2): There is no person [the area of recommendation and the scope of recommendation types], six months to one year and four months;

3. The act of arranging sexual traffic, which is likely to cause severe social harm and injury to good morals by commercializing sex, shall be the business of the accused.