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(영문) 인천지방법원 2020.05.13 2019고단9561

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

No person shall arrange, etc. sexual traffic for business purposes.

On September 17:00 on September 17, 2019, the Defendant arranged commercial sex acts by having a person engaged in commercial sex acts receive 1.30,000 won as the price for commercial sex acts from a business place located in Jung-gu Incheon, Jung-gu, Incheon, and 5, and allowing D to engage in commercial sex acts. On the same day, around 20:48, the Defendant arranged commercial sex acts by having a police officer who is most vulnerable to customers receive 1.30,00 won as the price for commercial sex acts, and allowing E to engage in commercial sex acts.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A E-document;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (cases concerning photographs of red-exploited scenes);

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;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act, Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.;

1. The scope of the recommended punishment according to the sentencing guidelines (the determination of types) shall be limited to the sexual traffic crimes that are subject to the age of 19 years or more;

(b) Basic area (the area of recommendation and the scope of recommendation) and six months to one year and four months;

2. Although the Defendant had a record of being sentenced to a fine due to the same kind of crime, the said summary order was issued and again, the Defendant committed the act of arranging sexual traffic at the same place for the purpose of punishing money.

The defendant's responsibility is heavy in that he repeatedly commits the same kind of crime. However, the fact that the defendant recognizes and reflects the crime of this case, the defendant has no record of criminal punishment exceeding the past fine, and the age, character, conduct, family relationship, health condition, motive and condition of the crime.