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(영문) 수원지방법원평택지원 2020.09.15 2019고단2133

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. No one shall accept or promise money, goods, or other property benefits to an unspecified person and offer a place for arranging, soliciting, inducing or coercing sexual traffic, or providing a place for sexual traffic, against such an unspecified person;

Nevertheless, from August 16, 2019 to August 22, 2000, the Defendant: (a) received 110,000 won from male customers to the guest rooms in Pyeongtaek-si; (b) provided guidance to the guest rooms in the business place; and (c) provided that the Defendant arranged sexual traffic by having D, etc., a woman employed by the Defendant, sexual intercourse with the said guest.

2. No person who violates the Immigration Control Act shall employ any foreigner who has no status of sojourn eligible for employment activities in the Republic of Korea;

Nevertheless, from August 16, 2019 to August 28, 2019, the Defendant employed the E, F, D, and G of the Thailand nationality without the status of sojourn eligible for employment in the Republic of Korea from around August 16, 2019 to around August 28, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to each police suspect interrogation protocol of E, F, D, and G - On-site photographs, investigation reports (in response to accusation) and investigation reports;

1. Relevant legal provisions concerning facts constituting an offense, Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (referring to the occupation of a business of arranging sexual traffic) and Articles 94 and 18 (3) of the Immigration Control Act (referring to the occupation of a person who does not have the status of sojourn eligible for job-seeking activities), and choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act requires severe punishment because it does not cause serious social harm, such as the commercialization of sex and harm to the sound sexual culture and good morals.

The accused is currently sexual traffic.