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(영문) 수원지방법원 안양지원 2015.03.27 2014고단1787

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for 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

At around 22:00 on October 8, 2014, the Defendant, while operating eight smugglings and lighting facilities in each room in the five floors of the building in Ansan-si, operated a commercial sex trafficking business establishment in which “F” and 80,000 won is paid for commercial sex acts, the Defendant employed a female passenger G, etc. on the condition that 40,000 won is paid for commercial sex acts. On the other hand, the Defendant arranged the male customer H to receive 80,000 won in the price for commercial sex acts from the male customer H to receive 80,000 won in the price for commercial sex acts, and arranged the G to engage in similar sexual intercourse by taking into account the scambling of his chest and sexual organ.

In addition, from the early April 2014 to October 22, 2000, the Defendant engaged in the act of arranging sexual traffic by receiving the price for sexual traffic from many unspecified male customers at the above sexual traffic business establishment, and by allowing the women of sexual traffic to engage in similar sexual intercourse as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in the preparation of I, G and H;

1. Sovereign photographs;

1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation of profits from sexual traffic);

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. Article 48 (1) of the Criminal Act of confiscation;

1. Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic (the recognition of the amount of additional collection is not related to the elements of a crime, and thus does not require strict certification. Thus, if a transaction mainly takes place in cash and business account books, etc. are not prepared in many cases, if the average daily income can be specified by the defendant's statement due to the characteristics of the arrangement of commercial sex acts, then the part that the defendant acquired can be collected by multiplying the number of business days by the number of business days (see, e.g., Supreme Court Decisions 2013Do1470, Jul. 25, 2013; 2013No1652, Jul. 25, 2013);