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(영문) 수원지방법원 성남지원 2016.10.07 2016고단2072

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of 1,500,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a sexual traffic business establishment called “D” on the 34th floor in Gwangju City.

In operating the above business, the Defendant employed B as a female employee on condition that half of the consideration for sexual traffic received from customers, and caused B to perform similar intercourse by receiving KRW 130,00 won as the consideration for sexual traffic from customers in the above business place on June 15, 2016 and having B conduct an act of stimulating sexual organ by hand.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. Defendant B, at around 04:00 on June 15, 2016, at the places indicated in paragraph (1), (i) received half of 130,000 won in return for sexual traffic, and (ii) engaged in sexual traffic by engaging in similar intercourse, such as stimulateing the sexual organ of customer E, by hand.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of the police interrogation of the Defendants and E;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on site photographs, details of 112 reports;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Defendant A who choose to impose imprisonment: Article 21 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, and Selection of a fine;

1. Article 70 (1) and Article 69 (2) of the Criminal Act in the custody of a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (Defendant A);

1. The scope of recommendations according to the sentencing guidelines (the scope of recommendations) and the basic area (six months to one year and four months) of the types of sexual traffic crimes subject to at least 19 years of age and the mediation, etc. of sexual traffic (the mediation, etc. of sexual traffic due to the receipt, payment, etc. of remuneration).

2. Sentencing factors that are disadvantageous to the decision of sentence: The accused is led to a confession of and reflect on the sentencing factors that are favorable to the decision of sentence: the accused has the ability to be punished in excess of the fine due to the same offense.