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집행유예
(영문) 대구지방법원 2017.8.8.선고 2017고단2959 판결

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Cases

2017 Highest 2959 Violation of the Punishment of Acts of Arranging Sexual Traffic Act (Notification of Commercial Sex Acts)

Ships, etc.)

Defendant

1. 00, university students;

2. An erroneous or factory worker.

Prosecutor

Hong civil oil (prosecutions) and promotioned (public trial)

Defense Counsel

Law Firm, Attorney Cheong-hee (Defendant 1, Counsel for the defendant-appellant)

Imposition of Judgment

August 8, 2017

Text

Defendants shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment became final and conclusive, the execution of the above punishment against the mistake of the defendant is suspended. Probation is ordered to the prosecution of the defendant and community service is ordered for 240 hours.

Evidence Nos. 2 through 4, 6 through 11 of seized evidence shall be confiscated from the defendant 00, and evidence No. 5 of seized evidence from the defendant, respectively.

10,015,00 won shall be collected from each of the Defendants.

Reasons

Criminal facts

[In all Facts]

피고인 000은 대학교에 재학 중인 학생이고, 피고인 오소은 피고인 000과 사회에서 만나 선후배 지간으로 지내온 사람으로, 피고인들은 2016. 6. 13. 경부터 2016. 7. 25. 경까지 대구 북구 ■■원룸 201호실, 202호실에서 태국 여성 2명을 고용하여 성매매알선 영업을 하던 중 2016. 7. 25. 단속되어 위 장소에서 더 이상 영업을 하지 못하게 되어, 2016. 9. 중순경부터 2016. 12. 경까지 경북 구미시 ◆◆◆빌에서 원룸 2호실을 임차하여 성매매 영업을 하다가 그 영업이 부진하자 2017. 1. 경 태국 여성 대신 러시아 여성을 성매매 여성으로 고용하여 대구 지역에서 성매매 업소를 다시 운영하기로 마음먹게 되었다 .

[Criminal Facts]

On January 2017, the Defendants leased 307, 507, 2017, 307, 2017, 301, and 300, around the end of February, 2017, and Defendant 00 employed female women who were introduced from the female sexual traffic broscers around that time, and prepared to operate the sexual traffic business, and the Defendants posted a publicity notice on the advertisement site of the said sexual traffic c Ⅲ.

On May 13, 2017: 18: around 30, the Defendants received KRW 100,00 in return for the said promotional writing from the △△△△△△△△△, which had reported and contacted the said promotional writing, and had the said mary female and the said mary engage in the said sexual traffic from February 2, 2017 to May 16, 2017, after receiving KRW 90,000 to KRW 170,00 per time from the male sexual traffic who was found in the said marry business place, and had the said female sexual traffic and sexual intercourse with the said female. Accordingly, the Defendants conspired to arrange for the said sexual traffic.

Summary of Evidence

1. Defendants’ respective legal statements

1. Prosecutorial suspect interrogation protocol against the Defendants

1. Examination protocol of suspect about the relevant job;

1. Each police suspect interrogation protocol of CO, D, and its related police officer;

1. Each protocol of seizure, list of seizure, place of seizure, photograph, etc. of seized articles;

1. Copies of each book and photographs of each book;

1. Color photographs and spawn advertising photographs of the three-months;

1. Domestic investigation report (the details of the telephone recording, the video recording, and the video recording of the sexual traffic attempt submitted by an informant), the submission of telephone recording and video recording of the sexual traffic attempt, the submission of related CDs, internal investigation reports (the analysis of the contents of the Kakaoto dialogue), investigation reports (Attachment to the digital evidence analysis data of mobile phones), investigation reports (the process of preparing a crime list and attachment);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Defendants: Articles 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act, and the choice of imprisonment

1. Suspension of execution;

Defendant: Article 62(1) of the Criminal Act

1. Probation and community service order;

Defendant: Article 62-2 of the Criminal Act

1. Confiscation;

The former part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic and Article 48(1)1 of the Criminal Act

1. Additional collection:

Defendants: Reasons for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic [Determination of Types] and grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic and Mediation, etc. of Commercial Sex Acts of 19 years or older in Case of Commercial Sex Acts.

[Special Aggravations] Aggravations: Intermediations using high radio waves or advertising activities.

[Scope of Recommendation] One year to three years (aggravating Area)

[General Life-longers] Reductions: Seriously half

【Determination of Sentence】

피고인들은 동종 범행으로 단속된 이후에도 범행을 계속하였고, 심지어 성매매알선으로 재판을 받는 중에도 장소를 옮겨 범행을 계속하였다. 또한 피고인들은 동업으로 성매매알선영업을 하면서 2016. 7. 경 단속 시에 피고인 000이 업주이고 피고인 오은 임대차명의만 빌려준 것으로 진술하여 벌금형을 선고받자, 이후 수사기관의 단속에 대비하여 이번에는 피고인 이 단독 업주인 것으로 보이기 위하여 피고인 소◇ 명의의 휴대전화를 사용하고, 임대차계약을 하는 등 단속에 대비한 정황도 보인다. 피고인들의 이 같은 행태는 법질서를 가벼이 여기고 사법기관을 기망한 것으로써 비난의 여지가 크므로, 피고인들을 엄하게 처벌함이 마땅하다 .

However, in recognizing the crime of this case, the Defendants would not repeat the same crime again, the Defendants did not have any record of the crime exceeding the fine, and the Defendants’ respective roles and degree of participation, age, environment, criminal record, period of business and scale of business regarding the crime of this case, methods of committing the crime of this case, etc. shall be sentenced to a punishment within the scope of the sentencing sentencing guidelines recommended by the Supreme Court, and the execution of the sentence shall be suspended after taking into account all the sentencing conditions specified in the arguments of this case, including the following: (a) the Defendants’ respective roles and the degree of participation, age, environment, criminal record

Judges

Judges Ounok-ok