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(영문) 대구지방법원 2017.09.19 2017고단3870

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

No one shall engage in sexual intercourse, similar sexual intercourse, etc. against unspecified persons in return for receiving or promising to receive money, valuables or other property benefits from them.

Nevertheless, on August 5, 2016, the Defendant: (a) rented Nos. 304, 803, and 1009 and hired women to engage in commercial sex acts; (b) opened a commercial sex acts business with the trade name of “C”; (c) around March 14, 2017, the Defendant received KRW 70,00 from D, a male number of men suffering from the said place, and had them do the commercial sex acts with E one similar sexual intercourse with the said place; and (d) during the said commercial sex acts from the end of September 2016 to March 14, 2017, the Defendant arranged commercial sex acts at the said place of business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Statement made by the police with regard to F;

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

1. A building lease contract, report on results of analysis of digital mobile phone evidence, or telephone record;

1. Investigation Report (on-site and accompanying pictures of seized articles), - Application of field photographs and photographs of seized articles;

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

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

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

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order / [Determination of the type] There is no two types (such as brokerage, etc. of sexual traffic due to business or receipt of consideration) [the scope of the recommended punishment] [the scope of the recommended punishment] from six months to one year and four months (basic area]. The reason for the suspension of execution is comprehensively compared and assessed - The main reason for the suspension of execution is that there is no record of criminal punishment: There is no record of criminal punishment; there is no same kind of reason for the suspension of execution; there is no positive reason for the suspension of execution.