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(영문) 대구지방법원 2019.03.28 2018고단5369

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From February 17, 2018 to July 21, 2018, the Defendant received 40,000 won from many unspecified customers for 40,000 won of sexual intercourse within the Daegu-gu building, and had three female employees (C, etc.) and 50% of them perform sexual intercourse on the condition that they share 40,000 won of sexual intercourse.

Accordingly, the defendant committed commercial sex acts such as arranging commercial sex acts.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to C's accusations, copies of prostitutions, and books of account for sexual traffic establishments;

1. Articles 19 (2) 1 and 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (the defendant is disputing the amount of additional collection. According to the defendant's police statement, the monthly sales from the business of sexual traffic in this case are equivalent to KRW 12 million. Although it is unclear whether the above sales are included in the amount of payment for the women of sexual traffic, the defendant's sales are equivalent to KRW 6 million per month, and since the period of crime is five months, there is a benefit exceeding the above amount of additional collection.

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions indicated in the records of this case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

A favorable circumstances: The criminal facts are committed, and the period of crime is not long, and the profits cannot be said to be high: The fact that there was a history of fine imposed on the same kind of crime.