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(영문) 창원지방법원 마산지원 2016.05.24 2016고단52

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant operated a commercial sexual traffic business establishment with the trade name “D” on the 3th floor of Changwon-si Magwon-si C building.

From August 4, 2015 to September 10, 2015, the Defendant received 110,000 won in cash (1.20,000 won in cash) from an unspecified number of male customers in return for sexual traffic, and had sexual traffic women, such as E and F, to have sexual intercourse with male customers, and had them gain a total of 2,1510,00 won in return for sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. G statements;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to internal investigation reports, business registration certificates, investigation reports (specific relation to additional collection charges);

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., concerning facts constituting an offense, and Article 19 (2) 1 of the same Act (generally, selection of imprisonment with prison labor);

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

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

1. Grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic, such as confiscation and collection thereof;

1. The scope of the recommended punishment on the sentencing criteria: The basic area (six months to a one year and four months) (any person who is in special sentencing) shall be the basic area (six months to a one year and four months) of six months of imprisonment, one year and four months [the scope of the recommended punishment] and the brokerage, etc. of sexual traffic crimes subject to the age of 19 or more;

2. Determination of sentence: The sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

Unfavorable circumstances: The duration and frequency of brokerage of commercial sex acts, profits from such acts, etc. are not many.

The favorable circumstances: The crime of this case is recognized and reflected.

At the time of the instant crime, there was no record of punishment.