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(영문) 인천지방법원 2019.09.20 2019고정1620

성매매알선등행위의처벌에관한법률위반(성매매광고)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall advertise to solicit or induce any act of buying sex.

Nevertheless, around July 4, 2019, the Defendant: (a) indicated “C and the Easia/Mazba, and the place of business trip after the selection of the place of business trip, D” in the vicinity of the Moel village located in Michuhol-gu Incheon, Michuhol-gu, Incheon; and (b) distributed advertising materials (titles) on which foreign women’s pictures, which have been printed, are printed.

Summary of Evidence

1. Defendant's legal statement;

1. Application of internal investigation reports (number 3), field photographs-related Acts and subordinate statutes;

1. Article 20 (1) 3 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic provides for necessary confiscation and collection. However, according to the evidence duly adopted and investigated by the court, the defendant's act of advertising sexual traffic, etc. for the reason of sentencing does not require collection against the defendant, since it appears that it is not clear in an objective basis for objectively assessing the amount of money, goods, etc. acquired as a result of the instant crime. It does not require collection against the defendant.) The act of advertising sexual traffic, etc. for the reason of sentencing is an offense

The defendant shows an attitude to recognize and reflect the crime of this case. However, the defendant has already been punished for the same kind of crime, but re-offending had already been conducted.

(However, it seems difficult to readily conclude that the Defendant is participating in the business of arranging sexual traffic, etc. In addition to these circumstances, the Defendant’s age, happiness and health conditions, motive means of crime, results of crime, and circumstances after the crime, etc., and all the sentencing conditions indicated in the present arguments and records shall be determined as ordered.