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(영문) 수원지방법원 2016.04.21 2016고단107

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a sexual traffic business establishment under the trade name of “C” in Gyeonggi-si, B (the first floor).

From September 12, 2015 to September 21, 2015, the Defendant found a man who wants to engage in sexual traffic in the above C from around September 12, 2015 to around September 21, 2015, the Defendant received 110,000 won from the male who wants to engage in sexual traffic, and provided a sexual relationship by guiding him/her in a secret room with his/her name-unified female sex trafficking (hereinafter

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (with regard to the details of enforcement)

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (specific amount of criminal proceeds);

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic concerning facts constituting an offense and Article 19 (2) 1 of the same Act;

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

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

1. Grounds for sentencing after Article 25 of the Act on the Punishment of Acts, Including Mediation, etc. of Additional Collection of Sex Acts;

1. The basic area (from June to April) of the sentencing criteria shall be applied [the scope of the recommended punishment]; the brokerage, etc. of commercial sex acts subject to the age of 19 or older; and the basic area (the brokerage, etc. of commercial sex acts due to the business, the receipt of prices, etc.) of the two types;

2. In light of the fact that the defendant, who was sentenced to a fine for the same kind of crime, committed again the crime of this case even though he had the record of being sentenced to a fine, it is not good to commit the crime of this case. However, there are extenuating circumstances, such as the fact that the defendant was able not to repeat again as he committed a crime in depth, the period of business operation is short and the amount of actual benefits is less than the period, and the sentencing conditions indicated in the record, such as the defendant's age, sex behavior, environment, motive and circumstance of the crime, and circumstances after the crime, shall be comprehensively considered, and the scope of the above recommended punishment shall be set