beta
(영문) 춘천지방법원 2014.10.28 2014고단970

성매매알선등행위의처벌에관한법률위반(성매매광고)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A report on investigation (specific circumstances for the crime);

1. All data organized based on the suspect's telephone calls, etc.;

1. Application of all Acts and subordinate statutes to data on the restoration of details of receipt of cell phone messages with a suspect and each sex purchaser;

1. Article 20 (1) 3 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 21 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic and Article 21 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic (the occupation of sexual traffic and the choice of imprisonment);

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the punishment provided for in the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. which is the largest punishment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession of all criminal conduct, etc. against his/her mistake, and consideration of the fact that it is anticipated that the case will be prosecuted);

1. Article 48(1)1 of the Criminal Code of confiscation (Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic) provides that money, valuables, and other property acquired from a crime of sexual traffic shall be confiscated. However, since foreign currency among the seized articles of this case exceeds the total value of the price of the instant sexual traffic, it cannot be specified as to which foreign currency confiscated has been acquired from the price of the instant sexual traffic. Therefore, it is difficult to confiscate this in accordance with the above provision. In addition, five Red Seas, seized, cannot be deemed to have been provided or intended to be provided for the instant sexual traffic, and it is also excluded from confiscation.

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic [3,980 dollars x 1,050 Won (bl. 28, 201) x 4,179,00 Won] The reason for sentencing seems to be that if the defendant is released to the instant case as an illegal foreigner, he/she will be forced to withdraw under the Immigration Control Act, and the instant case is the case.