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(영문) 울산지방법원 2018.01.11 2017고단3622

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

From February 2, 2016 to September 27, 2017, the Defendant operated a sexual traffic business establishment with the trade name called Ulsan-gu D Building and April 2, 2017, and had four sugar banks with a simple flooded price, and employed female employees F, etc. who engage in sexual traffic on condition that one of the 120,000 won of the money received as a preparation for commercialization would be 70,000 won.

On September 27, 2017, the Defendant received 120,000 won from two male guests who visited the above business place on September 27, 2017, and had employees engage in commercial sex acts with the above customers.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. On-site photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 25 of the Act on the Punishment of Acts, such as Arranging sexual traffic (i.e., collection of 25 million won per month (=2.5 million won per month x 10 months during which actual income is generated) shall be additionally collected;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The basic area (from June to April, 1) of the types of sexual traffic crimes subject to the age of 19 or older, the scope of which is set forth in the sentencing guidelines, including mediation, etc. of sexual traffic (referring to mediation, etc. of sexual traffic by business, giving and receiving prices, etc.);

2. Circumstances unfavorable to the reasons for sentencing: The punishment shall be determined as ordered by taking into consideration all the circumstances that form the conditions for sentencing, such as the age, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime, including the fact that the defendant is against the crime of this case, that the health and home environment is not good, that there is no record of the punishment beyond the fine, etc.