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(영문) 대전지방법원 2016.07.13 2016고단1242

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for one year.

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

From August 4, 2015 to September 22, 202:20 on September 24, 2015, the Defendant: (a) opened a sexual traffic business establishment with the trade name “D” from Daejeon Dong-gu C, Daejeon to September 24, 2015; (b) employed four female workers E, F, G, and H with the nationality of Thailand; and (c) assisted the said female sexual traffic by having them find out the place; (d) the A course in which the said female sexual traffic was engaged in a similar act using his hand after the ma, and (e) the B course in which the said female sexual intercourse was engaged in a sexual traffic by receiving KRW 90,00,00 and providing the relevant service.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to E, F, G, and H;

1. Each statement of I, J and K;

1. Control photographs;

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

1. Application of investigation reports (Calculation of profits from sexual traffic) Acts and subordinate statutes;

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. The community service order under Article 62-2 of the Criminal Act;

1. Article 48(1)1 of the Criminal Act for forfeiture, and Article 25 of the Act on the Punishment of Acts, Including Mediation of Commercial Sex Acts;

1. Grounds for sentencing under Article 25 [37,490,00 won ( = average daily sales of 1,360,000 won x the number of business days 51 days) of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection of Commercial Sex Acts: 30,60,000 won ( = 150,000 won per day of employees x 4 x the number of business days x 51 days) - 1,270,000 won ( = amount seized at the time of crackdown) = 37,490,000 won];

1. Advertisement activities or brokerage activities using a medium with high propagation (one year to three years) in the increased area (one year) of two types (one year to three years), such as brokerage, etc. for commercial sex acts, etc., of commercial sex acts subject to the age of 19 or older in accordance with the sentencing guidelines;

2. The Defendant, who was sentenced to punishment, committed a crime such as brokerage of sexual traffic for business purposes, and such crime is deemed to have a great social hazard by commercializing women’s sex and undermining the sound sexual culture and good morals.