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(영문) 인천지방법원 2016.10.12 2016고단5341

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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Defendants shall be punished by imprisonment with prison labor for six months.

However, it is against the Defendants for 2 years from the date of the conclusion of the judgment.

Reasons

Punishment of the crime

The Defendants, as the joint business owners operating an officetel 713 and 715 of Yeonsu-gu Incheon Metropolitan City Etel, and Ftel 912 and 816 of the trade name “G,” the Defendants were willing to arrange commercial sex acts by posting an advertisement to “H, etc.” a website and receiving a pre-contract from male customers who reported the advertisement, and guiding them to the above officetel with female employees.

On February 18, 2016, at around 19:10, the Defendants provided guidance to receive 1.50,000 won in return for sexual traffic from male customers who subscribed to the above business establishment by telephone, and provided guidance to the above F.816, waiting to provide I and sexual intercourse. From around December 21, 2015 to February 18, 2016, the Defendants assisted the above business establishment to receive 1.3 billion won in return for sexual traffic from male customers and to receive 1.3 million won in return for sexual intercourse.

As a result, Defendants conspired to act as a broker for commercial sex acts.

Summary of Evidence

1. Defendants’ legal statement

1. Police suspect interrogation protocol of J or I;

1. On-site photographs (No. 816, No. 713, F building);

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Article 30 of the Criminal Act, the choice of imprisonment with labor, or imprisonment with labor;

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

1. Confiscation (Defendant A) Article 48 (1) 1 of the Criminal Act;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (509 pages of investigation records);

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that the Defendants shall be sentenced to imprisonment by taking into account the period of the instant crime and the size of profits.

However, the defendants recognize and reflect the crimes, and determine the term of punishment in consideration of the fact that the defendants did not have the same kind of power and only a fine, and suspend the execution of the punishment.