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(영문) 울산지방법원 2016.04.28 2015고단3244

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From early April 2015 to August 27, 2015, the Defendant: (a) installed five smuggling at the “D Magazine in Ulsan-gu C2, Ulsan-gu; (b) provided 1.30,000 won to unspecified male customers who were found to be the said business; and (c) provided guidance to the room in the business; (d) provided female sexual traffic in the atmosphere by telephone and let them enter the room with male customers to have sexual intercourse; and (e) arranged sexual traffic.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. List of seizure and protocol of seizure;

1. Investigation report (review of calculation of criminal proceeds);

1. Application of each statute on photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (General Consideration as follows):

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

1. Article 25 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts [the basis for the calculation of the amount additionally collected] Period for the operation of commercial sex acts: Four months (from April 10, 2015 to August 27, 2015), excluding the amount granted to women of commercial sex acts: 1920,000 won (five million won per monthly sales x 5/13) (see, e.g., Supreme Court Decision 2009Do223, May 14, 2009): The period for the operation of commercial sex acts is 1,920,000 x 41,920 x 18/318/794 x 8/194, etc. of commercial sex acts which are recognized as criminal facts) (the amount shall be calculated from the time after the beginning of April 2015).