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(영문) 전주지방법원 2018.02.22 2017고합226

준강간등

Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

The Defendants: (a) jointly Defendant E lent KRW 3 million to D (W, 25 years old); (b) demanded D to pay off on behalf of Defendant E, with the remaining conditions; and (c) obtained D’s consent; (d) Defendants and E promised to arrange commercial sex acts by providing payment of KRW 130,000 to customers who wish to engage in commercial sex acts through hosting exhibitions, such as “G” and “H” and “H”; and (e) soliciting E to arrange commercial sex acts by burning a car he/she operates and moving to the place of commercial sex acts together.

According to the above public offering, the Defendants and E received KRW 1.30,00 from D around April 25, 2017, 130,000,00 from the name-free male who became aware of through the sites, such as “G,” and arranged to engage in commercial sex acts in the vicinity of the J elementary school adjacent to the above place, and received KRW 1.30,00,000 from D in return for commercial sex acts. From that time to June 23, 2017, D received approximately five times a day on an average by the same method from the same day until June 23, 2017.

As a result, Defendants conspired with E to engage in commercial sex acts such as arranging sexual traffic.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Each internal investigation report (related to digital sirens and receipt cases on expressways);

1. The application of Acts and subordinate statutes to a response to a request for appraisal and a reply (report on the results of field identification);

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of Sexual Traffic for the relevant criminal facts, Articles 19 (2) 1 of the Act on the Punishment of Acts, and Article 30 of the Criminal Act;

1. Article 62 (1) of the Criminal Act for a suspended sentence (The following extenuating circumstances shall be considered for the reasons for sentencing):

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

1. The scope of the recommended sentence of sentence [the recommended sentence].