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(영문) 인천지방법원 부천지원 2017.08.10 2017고단1512

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, from September 6, 2016 to March 30 of the same month, advertised the remainder only through the conditions of “B”, which is a smartphone-making app, in the absence of a trade name near the station where the Defendant had been located, from around the same month, from around September 6, 2016 to around the same month, and where many unspecified male customers reported and contacted the advertisement, the Defendant: (a) set the price (1.50,00 won or 200,000 won for commercial sex acts) and the place of the advertisement; and (b) arranged sexual intercourses between C and the above place where sexual sex is employed by means of advertising on the Internet job offer site; and (c) received KRW 50,00 or KRW 70,000 from the said sexual

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement (List 2);

1. Application of each message content (List 3, 4) statute;

1. Articles 19 (2) 1 and 19 (2) 1 of the Act on the Punishment, etc. of Acts, such as brokerage, etc. of selective sexual traffic for facts constituting an offense and punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The proviso to Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (List of Evidence 11);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment is that the defendant's favorable circumstances (a confession, reflectivity, absence of criminal records of the same kind, the operating period is not expected to have been significantly high, and the actual profit amount is not considered to be high), unfavorable circumstances (in spite of the suspension period of the execution of the previous criminal records, the crime of this case was assisted by the business of sexual traffic through a smartphone hosting app with high radio wave without being well aware of it, and the crime was committed by taking into account all of the sentencing factors of this case, such as the defendant's age, sexual behavior, living environment, and conditions after the crime, etc., and determine the punishment as set forth in the order.