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(영문) 수원지방법원 안양지원 2015.04.16 2015고정136

성매매알선등행위의처벌에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a business with a mutual name, “C,” from the 2 and 3th floor of Ansan-gu, Ansan-gu.

From October 14, 2014 to 22:00 on the same day, the Defendant employed female employees D, etc. through the Internet, and promised to receive 80,000 won for once sexual traffic and pay 50,000 won out of them to customers. On the same day, the Defendant received 80,000 won from the guest E who found the above business place to receive 80,000 won and provided guidance to the smuggling, and let female employees do sexual intercourse with the said D and sexual intercourse on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on investigation;

1. Photographs;

1. Application of Acts and subordinate statutes on seizure records;

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 selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Confiscation: Article 48 (1) 1 (number 1) of the Criminal Act and the former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (number 2);

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall take into account the circumstances favorable to the defendant, such as the fact that the defendant did not have any criminal record for the same kind of offense, and that he appears to have been under control on the first day of the business.

In this context, on the basis of the punishment of a summary order (including a fine of KRW 5 million, confiscation, additional collection of KRW 180,00,000), the old sentence of a prosecutor (the same as a summary order) and the sentencing precedents of the same kind of case, the sentence shall be determined as per the disposition, comprehensively taking into account various circumstances that form the conditions for sentencing specified in