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(영문) 수원지방법원 안산지원 2019.07.24 2019고단1635

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

The defendant is a person who operates a marina business in the trade name of "C" with six smugglings equipped with shower facilities on a scale of about 40 square meters in Gangseo-gu Seoul Metropolitan Government, and two waiting rooms equipped with shower facilities.

From August 29, 2018 to February 21, 2019, the Defendant employed female employees D, E, etc. at the said establishment from around August 29, 2018 to February 21, 205, and arranged commercial sex acts by allowing the said female employees to receive commercial sex acts from unspecified male customers visiting the said establishment, including KRW 80,000 to KRW 170,000.

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol of D or E;

1. Records of seizure and the list of seizure;

1. One copy of a documentary evidence of control field;

1. One copy of a lease contract between suspect A and lessor F; and

1. Advertisement pictures of 'C' in the advertisement site of commercial sex acts;

1. 107 copies of daily business account books; and

1. Application of Acts and subordinate statutes to investigation reports (Calculation of profits from sexual traffic);

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Imprisonment with labor concerning facts constituting an offense;

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

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

1. Grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

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. The records, such as the fact that the defendant's decision of sentencing acknowledges his mistake, that the defendant has no criminal records, business period and earnings, and the age, environment, motive, means and consequence of the crime, etc. of the defendant.