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(영문) 부산지방법원 동부지원 2017.04.12 2017고단351

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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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

On September 26, 2016, around 23:10 on September 26, 2016, the Defendant advertised sexual traffic using Busan-gun M and NMocom 206, which is the mobile phone hosting app “E”), and arranged to engage in sexual traffic P and sexual intercourse with the women employed in advance after receiving KRW 1.50,000 as the price for sexual traffic from theO that reported the advertisement, and received KRW 50,000 among them as an intermediary fee. From the beginning of August 2016 to the end of September 2016, the Defendant arranged sexual traffic in the same way as a total of KRW 15,00,000, and received KRW 750,000 in total to arrange sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the preparation of P;

1. A report on investigation (Attachment of seized mobile phone siren analysis file), results of digital evidence analysis, and cell phone photographs;

1. Application of the Acts and subordinate statutes of subparagraph 1 of seized evidence;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic concerning facts constituting an offense and Article 19 (2) 1 of the same Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is an act of arranging sexual traffic for business purposes, and the crime is not bad in quality, and the defendant has a same criminal record.

However, there are favorable circumstances such as the fact that the defendant recognized the facts charged and seriously reflected the facts charged, and that the defendant has no criminal record exceeding the fine.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria - Violation of the Act on the Punishment of Acts such as Arrangement of Commercial Sex Acts (Good Offices, etc. for Commercial Sex Acts): the group of commercial sex acts, the crime of commercial sex acts subject to the age of 19 or older, the brokerage, etc. of commercial sex acts, two types (the brokerage, etc.