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(영문) 대전지방법원 천안지원 2017.09.22 2017고단1394

성매매알선등행위의처벌에관한법률위반(성매매알선등)등

Text

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

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

Reasons

C. From May 1, 2017 to May 1, 2017, the Defendant’s “C” business place located in Asan B and 4, installed six smuggling with simple invasions, and one shower room, etc., employed Thailand D and E, who is a female employee of sexual traffic, employed 10,000 won per time from male guests who found the said business place, and arranged sexual intercourse with female employees at that place.

2. The Defendant violated the Immigration Control Act: (a) at the “C” business place as indicated in the preceding paragraph, the Defendant employed D, who was an Thailand without the status of sojourn eligible for employment in the Republic of Korea, from April 17, 2017 to May 1, 2017; and (b) as each female employee from April 28, 2017 to May 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against E or D;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Relevant legal provisions concerning facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic (the act of arranging sexual traffic for the business of arranging sexual traffic), Articles 94 subparagraph 9 and 18(3) of the Immigration Control Act (the act of employing a person who has no status of sojourn for job-seeking activities) and choice of imprisonment with prison labor;

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

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

1. The reason for the sentencing of Article 25 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc. [the scope of the punishment recommended] 19 years of age or older, there is no person who has a special sentencing [the June-1-1-4 months] in the basic area (the referral, etc. of commercial sex acts by business and receipt of prices). The violation of the Immigration Control Act shall not be set in the sentencing guidelines (the decision of the sentence] and the size of the business, the fact that there is no past record of the same kind of crime, the fact that there is no criminal punishment exceeding the fine, the fact that there is no record of criminal punishment beyond the fine, and the fact that the punishment is against the above is set as the order of the punishment.