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(영문) 수원지방법원 성남지원 2017.05.12 2016고단4214

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

From May 25, 2016 to July 7, 2016, Defendants: (a) installed four rooms in which the intrusion was installed; (b) Defendant A provided a shower room, etc. in Seongbuk-gu, Sungnam-si; and (c) Defendant A provided guidance to customers at the calculation unit of the said business; (d) received KRW 110,00 in return for sexual traffic from customers and received KRW 110,00 in return for sexual traffic; and (e) obtained profits equivalent to KRW 9.9 million in total by allowing customers to have sexual intercourse with customers.

As a result, Defendants conspired to act as commercial sex acts such as brokerage.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police officer in relation to G;

1. Statement made by the police with regard to F;

1. A real estate lease agreement;

1. The application of Acts and subordinate statutes to report internal investigation (Attachment of enforcement field photographs);

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act and choice of imprisonment with labor for each crime;

1. Article 62 (1) of the Criminal Act for a suspended sentence (the following favorable circumstances):

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

1. Collection: The latter part of Article 25 of the Act on the Punishment of Acts, Including the Mediation, etc. of Commercial Sex Acts [the amount to be collected shall be calculated as KRW 9,900,000, and the investigation report (the calculation of profit from commercial sex acts, the page 121)] / [ although the defendant claims to the effect that he/she would deduct building rent, taxes, public charges, etc., paid in the course of engaging in the act of arranging commercial sex acts, it shall not be deducted because it is merely a method of consuming money

1. Defendant B who ordered provisional payment: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The basic area (from June to April 1) of the sentencing guidelines shall be the scope of the recommended punishment [the scope of the recommended punishment] and the basic area (from June to April 1) of the types of sexual traffic crimes subject to 19 years of age or older, the brokerage of sexual traffic, etc.