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(영문) 제주지방법원 2017.11.16 2017고단1634

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of ten million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates a marina business in the name of “C” on the third floor in Jeju-si.

On April 23, 2017, at around 22:30 on April 23, 2017, the Defendant committed an act of arranging sexual traffic, including arranging sexual traffic, for the following reasons: (a) establishing four rooms equipped with bed and shower facilities in the above businesses; (b) employing D and E, a female sexual traffic; (c) soliciting customers visiting the above businesses to receive KRW 1.20,000 or KRW 1.50,00 per cash per customer; and (d) dividing half of them into the female sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared D and E;

1. On-site photographs;

1. Application of the Acts and subordinate statutes governing the criminal place

1. Relevant Article 19 (2) 1 and 24 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., and both imprisonment and fine, as well as imprisonment with prison labor, concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Protection and observation, community service work, and Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is to be taken into account all the various conditions of sentencing specified in the argument in the instant case. In particular, the following conditions are considered: (a) reflects the following circumstances; (b) seems to have been engaged in the business of arranging sexual traffic; (c) there is no criminal history that has been punished in excess of the fine; (d) high blood pressure and astronomical awareness; (e) the health is not good; and (e) the most unfavorable circumstance that raises three minor children is a crime of violation of the Act on the Punishment of Acts, such as Arrangement, etc. of Commercial Sex Acts (Mediation, etc. for Commercial Sex Acts): (a) the Defendant has been punished by a fine of two million won in around 2014; (b) the Defendant has been punished by a fine of seven million won in the year 2015; (c) the Defendant has been subject to a disposition that has no authority to prosecute; and (d) the business of arranging sexual traffic was