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(영문) 대구지방법원 2017.06.20 2017고단1956

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a commercial sex business establishment under the trade name of “G”, which leases a total of four studs in Daegu, C 203, D 201, E 206, and F 202.

On February 23, 2017, the Defendant received 100,000 won in cash from an unrest male who reported and contacted Internet advertisement under the above C C 203 on February 23, 2017, and caused “H”, a female employee of Thailand, to engage in one-time sexual intercourse. From December 2, 2016 to February 24, 2017, the Defendant received 10,000 won from an unspecified number of male customers from the said sexual intercourse with four persons, including “H”, “I”, and “J”, who are female employees of Thailand’s nationality.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Details of monetary records;

1. Application of the Acts and subordinate statutes to investigation reports (specific place of crime), investigation reports (Attachment of site photographs used as sexual traffic business establishments), photographs, and investigation reports (Calculation of profits from sexual traffic);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48 (1) of the Criminal Act to be confiscated;

1. Grounds for sentencing after Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection of Sex Acts;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of determination] and brokerage, etc. of sexual traffic crimes, such as brokerage, etc. of sexual traffic, (2) [the territory of recommendation and the scope of the recommended punishment] and the basic area of the recommendation [the scope of the recommended punishment], six months to one year and four months.

3. There is no reason for the suspension of execution [main reason for the suspension of execution] [The reason for general consideration] positive: There is no previous conviction for the same kind of crime, and there is no previous conviction for the suspension of execution

4. The act of arranging sexual traffic shall be a woman's sex and shall be sound sexual culture and good.