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(영문) 의정부지방법원 고양지원 2018.07.12 2018고단843

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

A defendant shall be punished by imprisonment for one year.

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

From August 2017 to September 27, 2017, the Defendant arranged sexual traffic by engaging in the business of “C” in Goyang-si Btel 1016, Goyang-si, Ilyang-si. The Defendant: (a) engaging in sexual traffic by allowing customers who found the said officetel to receive approximately KRW 90,000 to KRW 110,00 of the sexual traffic price; and (b) allowing D, a female employee, to perform the act of similarity with customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. A protocol concerning the interrogation of each police suspect against F or D;

1. Application of Acts and subordinate statutes on respective seizure records, list of seizure, site photographs, and promotional materials of business places;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic for facts constituting an offense, and Article 19 (2) 1 of the same Act and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The former part of Article 25 (No. 1 and No. 2) of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc., and Article 48 (1) 1 (No. 3 and 4) of the Criminal Act;

1. The grounds for sentencing of KRW 20,000 (No. 1 and 2) under Article 25 of the Act on the Punishment of Acts, Including the Mediation, etc. of Additional Collection of 3.8 million won (Evidence No. 328 pages of evidence) = 4 million won (two million won per month x two months) - The grounds for sentencing of KRW 200,000 (No. 1 and 2

1. The scope of punishment by law: Imprisonment for one month to seven years;

2. Aggravation factors (special sentencing factors): The aggravated area of recommendation [the scope of recommendation] by using a medium with high level of advertising or propagation [the scope of recommendation]: One year to three years of imprisonment.

3. Determination of sentence: One year of imprisonment, and two years of suspended sentence, the Defendant again committed the instant crime even though he/she was punished by a fine on April 8, 2015 due to the criminal facts in which he/she operated a key room in the school environmental sanitation and cleanup zone. The Defendant, as the owner of the instant sexual traffic business, is also promoting the instant sexual traffic business through Internet advertisements.