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(영문) 서울동부지방법원 2019.03.28 2018고단4400

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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

In Songpa-gu Seoul Metropolitan Government, the Defendant employed sexual traffic women C, etc. and operated a sexual traffic business establishment under the trade name of "D". Around August 22, 2018, the Defendant received 120,000 won in return for the said business establishment from E, a guest who found the said business establishment around August 7, 2018, and had C perform sexual intercourse with E. From February 3, 2018 to August 7, 2018.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused, E, and C;

1. Records of control site photographs, card filing items;

1. Application of 1 set of Acts and subordinate statutes to control screen pictures CDs;

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

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Imprisonment with prison labor for not more than seven years;

2. The scope of the recommended punishment according to the sentencing guidelines (the determination of types of punishment) and the scope of the recommended punishment according to the sentencing guidelines for the crimes of sexual traffic subject to not less than 19 years of age, the brokerage, etc. of sexual traffic, etc.

3. Determination of sentence [Incompetence] not only has the history of being punished four times for the same crime, but also has continued to operate a sexual traffic business after it was controlled around October 27, 2017.

In light of the scale, period, contents, etc. of the instant sexual traffic business establishment, the liability for the crime is not less complicated.

【Plue circumstances】 Recognizing the instant crime, he/she reflects his/her mistake.

On November 15, 2018, around November 15, 2018, the business of this case is closed and another person does not commit the same crime again.

(2).