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(영문) 광주지방법원 2017.08.24 2017고단919

직업안정법위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 26, 2015, the Defendant was sentenced to a suspended sentence of two years on June 3, 2015 for a violation of the Act on Fraud and Vocational Stability in the Gwangju District Court's Netcheon Branch, and the judgment was finalized on June 3, 2015.

No person shall engage in job placement, recruitment, or supply of workers for the purpose of having them find a job for engaging in sexual traffic or other obscene acts.

During the period from August 27, 2016 to August 29, 2016, the Defendant, from H and I, who operates a sexual traffic business establishment under the trade name of “G” located in Seongbuk-gu Seoul Metropolitan Government “F,” and from H and I, who are in contact with “one female member who will engage in sexual traffic at our business establishment”, and around August 30, 2016, the Defendant would be going to J (W, 27 years of age) to her around 23:00.

I opened.

As a result, the defendant introduced a job for the purpose of having a job employed in a job where sexual traffic or other obscene acts are conducted.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each police statement made to J and H;

1. A written statement prepared in the I;

1. Investigation report (report on results of telephone conversations with a taxi engineer), investigation report (to conduct investigation into recording of the I telephone tape of a witness, summary report of statement);

1. Review of the case and attachment of an interview photograph;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire into criminal history and report on investigation (reports attached to the same criminal records and other criminal records);

1. It is inevitable to sentence a person who had been punished for the same crime for the reason of sentencing under Article 46(1)2 of the pertinent Act and Article 46(1)2 of the Act on the Vocational Stability of Employment for the Crime, including one time of the suspended execution of imprisonment with prison labor, and repeats the crime during the suspended execution period, and thus, is inevitable.

In addition to the above unfavorable circumstances against the defendant, the confession of the crime is against the mistake, the money received at the commercial sex acts establishments are deemed to have been fully paid as expenses incurred in the introduction, and the women introduced only before the actual commercial sex acts are taken place.