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(영문) 수원지방법원 2014.10.29 2014고단5058

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for 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

From July 1, 2014, the Defendant is a person who operated a business of mutual name “D” in Suwon-si C, Suwon-si, Suwon-si.

No one shall engage in the conduct of arranging sexual traffic, such as arranging, soliciting or inducing sexual traffic or providing a place for sexual traffic.

Nevertheless, at around 21:00 on August 13, 2014, the Defendant: (a) received KRW 100,000 from the police officer who pretended to be a customer in the above business place in return for sexual intercourse; (b) provided guidance to the above police officer as a smuggling; and (c) provided sexual intercourse with E who is a sexual traffic woman, as well as arranging sexual intercourse by bringing it into a smuggling; and (d) arranged sexual intercourse between July 1, 2014 and August 13, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written E;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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

1. Grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Scope of applicable sentences under law: One month to seven years of imprisonment;

2. The scope of the sentencing guidelines for sentencing [decision of types] the basic area of the arrangement of commercial sex acts (decision of the recommended area and the scope of the recommended punishment] by sexual traffic crime group-business, etc. (no special person shall be punished for six months to one year):

3. The sentence shall be determined as ordered within the scope of the recommended sentence, taking into account the fact that the Defendant’s decision of sentencing is divided, and that it is the first offender who has no criminal power for punishment, etc.