beta
(영문) 부산지방법원 2019.08.14 2019고단2376

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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

On February 18, 2019, at around 23:05, the Defendant accessed C of the Busan Dong-gu Busan Metropolitan City Police Station, which is a police officer responsible for controlling customers, with access to the situation where the Busan Dong-gu Police Station, which is a police officer responsible for controlling customers, proposed commercial sex acts. After receiving KRW 70,00 from the above C as the price for commercial sex acts, the Defendant arranged commercial sex acts from January 18, 2019 to the above time, such as bringing a female under the name of the victim into the above DMocom E, and allowing him to engage in commercial sex acts.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Notification of detection of violations of Acts and subordinate statutes;

1. Application of each statute on photographs;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the punishment (compacting imprisonment with prison labor, with prison labor),

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines (the determination of types) shall be limited to the sexual traffic crimes in which the age is not less than 19;

(b) The basic area that does not include a brokerage, etc. for commercial sex acts (type 2), such as brokerage, etc. for commercial sex acts, in exchange for consideration, etc. (the area of recommendation and the scope of recommended punishment) and six months to one year and four months;

2. Determination of sentence: 6 months of imprisonment with prison labor, 2 years of suspended sentence, the Defendant again committed the instant crime even if he/she was punished seven times by a fine due to the same method; the instant crime of arranging sexual traffic, such as the instant case, requires strict punishment for a crime that has considerable social harm and injury, such as the commercialization of sex, and undermining the sound sexual culture and good morals; Provided, That the Defendant recognized the instant crime and reflects his/her mistake; the Defendant’s profits and other profits derived from the instant crime, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., are the sentencing as shown in the records and arguments.