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(영문) 울산지방법원 2018.12.11 2018고단3206

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the above sentence shall be executed for a period of two years and six months from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

From October 12, 2017 to April 24, 2018, the Defendant: (a) installed one shower room, four smuggling, and the Defendant employed a Chinese employee D (E’s “E”) who is a Chinese employee, and then had the said employee to engage in sexual intercourse with the said customer. The Defendant, from around October 12, 2017 to around April 24, 2018, had the said employee engage in sexual intercourse with the said customer.

Accordingly, the defendant committed commercial sex acts such as arranging sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against G, H, I, J, K, L, M, and N;

1. Each statement of D and F;

1. Police seizure records;

1. A report on the arrest of each case, a non-compliance report, a field photo, a business registration certificate, and a real estate monthly rent contract;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

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 Act on the Punishment of Acts, Etc. of Arranging Punishment

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Article 25 of the Act on the Punishment of Acts, such as Mediation, etc. of Additional Collection of Commercial Sex Acts (3 million won per month ¡¿ 6 months = 18 million won);

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order / [Determination of the type] 2 of the Act on the Mediation, etc. of Commercial Sex Acts, which are subject to the age of 19 or older, such as commercial sex acts, brokerage of commercial sex acts, etc. [Determination in the sphere of recommendation] / [the scope of recommendation] six months to one year and four months [the scope of recommendation] - there is no criminal punishment for mitigated factors - there is no positive criminal punishment [decision of the sentence] - There is no positive criminal punishment [decision of the sentence] / The period of the crime is past [decision of the sentence] committed on November 1, 2017 and the suspect was examined by the police on December 18, 2017, while the crime continues to be committed in the same place during that period, and the defendant continued to commit the crime by the last day of April 24, 2018, and the defendant continued to commit the crime by May 1, 2018.