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(영문) 수원지방법원 2019.01.17 2018고단6256

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, after installing a marina and shower facility in Suwon-si B and the third floor room, has installed a balp and shower room, has six female employees of Thailand nationality, employs six female employees of Thailand, and operates a place of sexual traffic.

On June 21, 2018, the Defendant pretended to be a customer with the introduction of a replacement of a customer (hereinafter referred to as "one-time customer") and provided guidance to the guest room by the police officer controlling the detection of the above business, and provided the above female employees with the sexual traffic proceeds of KRW 1.30,00,00, and arranged the said female employees to engage in sexual traffic. From September 2017 to June 21, 2018, the Defendant arranged sexual traffic by the same method for the same business to female customers.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on internal investigation:

1. Each investigation report (verification at the time of commencement of business and review of the amount to be collected additionally);

1. In cases of female employees (in cases of information about sojourn of foreigners);

1. Application of statutes on field photographs;

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

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommendation] 19 years of age or older, the basic area (6 to 1 year and 4 months), such as arranging commercial sex acts, etc. (mediation, etc. of commercial sex acts by giving and receiving, etc.) : The range of comparison between the punishment and the recommended punishment that have no special person]: June to 1 year / April [Pronouncement ] that is disadvantageous to the defendant; the punishment is unfford because of the crime that has a great social harm, such as undermining sound sexual morals. Even if the punishment was imposed for the same kind of crime in 2016, the punishment is repeated. The normal circumstances favorable to the defendant are recognized and seriously against the defendant. After committing the crime, the business place is arranged immediately after the crime, and the employment is made in good faith.