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(영문) 수원지방법원 평택지원 2016.11.24 2016고단1273

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

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

Reasons

Punishment of the crime

On September 17, 2015, the Defendant was sentenced to imprisonment for four months with prison labor for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Suwon District Court's Eunpyeong site, and is still under suspension of execution as the judgment becomes final and conclusive on the 25th of the same month.

The Defendant is a person who operates a sexual traffic business establishment with the trade name “D” on Pyeongtaek-si C and the third floor.

At around 21:30 on April 25, 2016, the Defendant: (a) provided four guest rooms with be equipped with bed and shower facilities, etc. at the above D business establishment; (b) provided the guest rooms with bed KRW 100,000; (c) provided guidance to the guest rooms; (d) provided the male grandchildren and the single sexual intercourse with E, a woman employed by the Defendant, on the condition that he/she pays KRW 50,000,000, out of the flowers; and (e) arranged commercial sex acts at the above D business establishment from January 25, 2016 to April 25, 2016.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the defendant and E;

1. The written statement of the defendant;

1. Reports on internal investigation and field photographs;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports and investigation reports (report on attachment of the same type of judgment);

1. The relevant criminal facts, Article 19 (2) 1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic, the grounds for sentencing selecting imprisonment [the scope of recommending punishment] 19 years of age or older in the basic area (6-1 year and 4 months), including the brokerage of commercial sex acts, etc. (the brokerage, etc. of commercial sex acts by giving and receiving business fees) [the decision of sentencing] / [the decision of the sentence] that there is no person who has been punished three times by the act of arranging commercial sex acts in the same place [the decision of the sentence] / The crime of this case is committed during the period of suspension of execution for the same crime; the crime of this case is arranged only for the act of similarity different from the previous crime; the fact that there is a family member to support; the scale of business and the degree of illegal profits;