beta
(영문) 의정부지방법원 2018.04.12 2017고단4005

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant, together with C, jointly operates the "E in the second floor of the D Building in Namyang-si."

1. On February 12, 2017, the Defendant conspired with C on February 12, 2017, in collusion with C, received 120,000 won from the customer F to the guest room, and provided guidance to the guest room, and had the female sexual traffic do the sexual intercourse.

2. On March 3, 2017, the Defendant conspired with C on March 3, 2017, in collusion with C, received 140,000 won from customers G from the said “E” and provided guidance to guest rooms, and had sexual traffic women do sexual intercourse.

Accordingly, the defendant conspireds with C to engage in commercial sex acts such as arranging sexual traffic.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness C;

1. Copy of each protocol concerning the examination of suspect of H, F, and G;

1. Notification of administrative dispositions taken to regulate public morals establishments;

1. On-site photographs;

1. Answers to respective communications data;

1. An application for monetary details;

1. Application of court rulings (Law No. 2017, No. 2582)-related Acts and subordinate statutes;

1. Grounds for sentencing under Article 19 (2) 1 of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic and Article 30 of the Criminal Act ( comprehensively including, but not limited to, the choice of imprisonment) concerning facts constituting an offense;

1. One month to seven years from imprisonment with prison labor within the applicable range of punishment by law; and

2. The scope of the recommended punishment on the sentencing guidelines [the types of decisions] the basic area [the scope of the recommended punishment] of the types 2 (the brokerage, etc. of sexual traffic by business, receipt and payment of prices, etc.] (the determination of the recommended area] of the types of sexual traffic crimes subject to the age of 19 or older, such as brokerage, etc. of sexual traffic, etc.

3. The Defendant, who has a intellectual disability, is trying to transfer all responsibility to Dong C, who has a intellectual disability, and avoid punishment.

The Defendant has been punished several times for the same crime, and the instant case continues at the same place during the period of suspension of execution [the period of suspension of execution shall be six months, two years, and two years, respectively) of the Act on the Punishment of Acts, such as Mediation of Commercial Sex Acts, etc. (the High Court Decision 2015, the High Court Decision 2546, Oct. 19, 2015, and the period of suspension of execution shall be determined Oct. 27, 2015].

참조조문