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(영문) 의정부지방법원 고양지원 2015.12.10 2015고단3021

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Criminal facts

The Defendant was employed on the condition that female employees D is divided by one half of the amount the Defendant receives to one customer, in the name of the company, which is equipped with a size of 39 square meters, 301 square meters, 301 square meters, 301 square meters, 1 shower room, and 301 square meters, Dongyang-dong, Manyang-gu, Seoul.

On June 17, 2015, at around 22:25, the Defendant: (a) received 100,000 won as the price for sexual traffic from a police officer who was disguised, from a police officer E to a third room; and (b) led a female employee D to engage in sexual intercourse with the above room, and arranged sexual traffic once.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on investigation (calculated of proceeds from crime);

1. Records of seizure and the list of seizure;

1. C business registration certificate, lease contract;

1. Application of Acts and subordinate statutes to the site and photographs of seized articles;

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

1. Article 62 (1) of the Criminal Act;

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

1. Article 25 of the Act on the Punishment of Acts of Arranging sexual traffic;

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) of the provisional payment order is based on the fact that the defendant had been punished by a fine of seven million won or more for the same crime on September 26, 2013. The punishment is to be determined as ordered in consideration of the following facts: (a) the arrangement of commercial sex acts based on criminal facts is only once more; (b) the amount of profit is less than the punishment imposed twice; (c) there is no additional record of punishment other than the punishment imposed twice until now; (d) his/her mistake is divided and reflected; (e) other controlled circumstances, Defendant’s age, character and conduct, environment, motive for the crime, circumstances after the crime, etc.