성매매알선등행위의처벌에관한법률위반(성매매알선등)
Defendant
A Imprisonment with prison labor for six months and for eight months, respectively.
However, between two years from the date this judgment becomes final and conclusive.
Punishment of the crime
Defendant
B is the lessee of Yeongdeungpo-gu Seoul Metropolitan Government C 712, and the defendant A is the person who operates the commercial sex acts business with the trade name of "D" in the above officetel.
Defendant
B On February 1, 2016, the Defendant: (a) sublet the instant officetel leased KRW 5,20,000,000 on condition that deposit KRW 5,000,000 to Defendant A is KRW 3,000,000; (b) provided the said officetel to Defendant A as a sexual traffic business establishment; (c) on March 14, 2016, the Defendant employed the Kazak F, who was found to have the said officetel and had his female engage in sexual intercourse for one hour; and (d) received KRW 1,60,000 from F in return for sexual traffic and distributed KRW 70,00 among them to E from February 11, 2016 to March 14, 2016.
As a result, Defendants conspired to arrange sexual traffic for business purposes.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each protocol of suspect examination of the police against E or F;
1. Police seizure records;
1. Application of statutes on field photographs;
1. The Defendants: Article 19(2)1 of the Act on the Punishment of Acts, Including the Mediation, etc. of Commercial Sex Acts, and Article 30 of the Criminal Act (comprehensively, the choice of imprisonment with prison labor) concerning criminal facts;
1. Defendants on probation: Article 62(1) of the Criminal Act
1. Defendant A: The former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.;
1. The defendants who are additionally collected: Reasons for sentencing after Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.
1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and
2. The scope of the recommended punishment according to the sentencing guidelines [the types of determination] and brokerage, etc. of sexual traffic crimes, such as brokerage, etc. of sexual traffic, (2) [the territory of recommendation and the scope of the recommended punishment] and the basic area of the recommendation [the scope of the recommended punishment], six months to one year and four months.
3. Grounds for probation [Main Reasons] negative: Defendant B (General Reasons): A criminal record for the same kind of crime, which has not been positive, and is not less than a suspended sentence.