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(영문) 광주지방법원 2015.08.19 2015고단2361

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a sexual traffic business establishment under the trade name of the Seo-gu building Nos. 201, 202, and C building No. 101, and 102.

On April 13, 2015, the Defendant received 80,000 won in return for sexual traffic from E, a male guest, from the above building No. 202, and had F, an employee, promptly do the sexual flag of E, on his own.

In addition, from the end of December 2014 to the above temporary date, the Defendant: (a) had employees G, F, and H enter the same manner to make male customers quickly feel sexual intercourse; and (b) engaged in commercial sex acts, such as arranging sexual traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police suspect interrogation protocol of H, E, F, and G;

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

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

1. Imprisonment with prison labor chosen;

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

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

1. Grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, etc., Article 48 (1) 1 of the Criminal Act (see, e.g., Supreme Court Decisions 1,500,000 won (per 1,50,000 won x 50) and records of evidence);

1. The basic area (referring to six months to four months of imprisonment) of the types of sexual traffic crimes subject to the age of 19 or more and the mediation, etc. of sexual traffic (referring to the mediation, etc. of sexual traffic due to the business, the giving and receiving of prices, etc.) under the scope of recommendations according to the sentencing guidelines;

2. Specific grounds for sentencing - reasonable grounds for sentencing: The defendant should not repeat again against the instant crime. - The circumstances are that social harm and injury caused by the sexual traffic or the arrangement of similar sexual acts is not significant, and the defendant has received a summary order of KRW 5 million from the Gwangju District Court on December 2, 2014 as a crime of violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (Act on the Punishment of Commercial Sex Acts, Etc.).