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(영문) 수원지방법원 성남지원 2017.05.19 2017고단443

성매매알선등행위의처벌에관한법률위반(성매매알선등)

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A defendant shall be punished by imprisonment for not more than ten 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

Punishment of the crime

From May 2, 2016 to December 6, 2016, the Defendant established four rooms with a simple intrusion at the third floor of the building B in Seongbuk-gu, Sungnam-si, in order to operate a sexual traffic business establishment, received 80,000 won from male customers in return for sexual traffic, received female employees D, E, etc. in return for sexual traffic, and received a total of 21,90,000 won in return for sexual intercourse, and received profits from the said male customers in a manner that stimulates the sexual organ of the said male customers by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to photographs of C business establishments;

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

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. The latter part of Article 25 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc. [the amount of additional collection shall be calculated as KRW 21,900,000, and the investigation report (which means calculation of profits from commercial sex acts and 107 pages of evidence];

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment] shall be limited to the category 2 (the brokerage, etc. of commercial sex acts by business, receipt and payment of consideration, etc.) in the basic area (the period from June to April) (the period from June to April).

2. Circumstances disadvantageous to the determination of sentence: The act of arranging sexual traffic is commercialized and has little social harm, such as impairing sound sexual culture and good morals, and the circumstances favorable to the defendant that have the same criminal records and once for the same kind of crime: the defendant seems to have led to the confession of and reflect against the crime in this case; there is no history of punishment exceeding the fine for the defendant; and the business in this case was closed on April 24, 2017, and other circumstances under Article 51 of the Criminal Act are imposed.